National Competitive Tender - PPA

Republic of Ghana

Public Procurement Authority

STANDARD TENDER DOCUMENT

FOR

FRAMEWORK AGREEMENT (GOODS)

(Primary Procurement)

National Competitive Tender

20th March 2020

i

Standard Tender Document for

Framework Agreement (Goods)

Summary of contents

PART 1 PRIMARY PROCURMENT PROCEDURES

Introduction

Section I Invitation for Tenders (IFT)

The Invitation for Tenders provides information that enables potential

Tenderers to decide whether to participate in the Tender or not. The

information contained in the Invitation for Tenders must conform to the

Tender documents and in particular to the relevant information in the Tender

Data Sheet.

Section II Instructions to Tenderers (ITT)

This Section provides information to help Tenderers prepare their Tenders. It

contains details on the submission, opening, and evaluation of Tenders received

during the Primary Procurement process. It also provides an overview of the

Secondary Procurement process for the award of a Call-off Contract(s) once the

Framework Agreement(s) is concluded. This is more fully described in the

Framework Agreement. This Section is to be used without modification.

Tender Data Sheet (TDS)

The Tender Data Sheet includes provisions that are specific to each Primary

Procurement process and that supplement the Instructions to Tenderers.

Section III Evaluation and Qualification Criteria

This Section specifies the criteria for the evaluation of Tenders and the

qualification of Tenderers, including the methodology, which results in the

determination of which Tenderers will be invited to conclude a Framework

Agreement(s).

Section IV Tender Forms

This Section includes the forms for Tender submission, Letter of Tender, Price

Schedules, Tender Securing Declaration, Qualification Information, and the

Manufacturer’s Authorization to be completed and submitted by the Tenderer

as part of its Tender.

ii

Section V Schedule of Requirements

This Section includes the List of Goods and Related Services, an estimate of

the volume/quantity, Delivery and Completion Schedules.

Section VI Technical Specifications

This Section includes Technical Specifications and Drawings that describe the

Goods and Related Services to be procured.

Section VII Framework Agreement Forms

This Section includes the forms for the Notification to Conclude a Framework

Agreement and the Framework Agreement

Section VIII Framework Agreement General Provisions

This Section sets out the General Provisions of the Framework

Agreement.

Section IX Framework Agreement Specific Provisions

This Section sets out the Specific Provisions of the Framework

Agreement.

Section X List of Procurement Entities (if applicable)

PART 2 SECONDARY PROCURMENT PROCEDURES

Section XI Secondary Procurement Methods

Section XII Formation of Call-off Contract

Section XIII Communication and Award of Call-off Contract

Section XIV Complaints about award of Call-off Contract

Section XV Call-off Contract General Provisions

Section XVI Call-off Contract Specific Provisions

Section XVII Secondary Procurement Forms

Section XVIII List of Procurement Entities (if applicable)

iii

Introduction

This Standard Tender Document (STD) is to be used for establishing a Framework Agreement

for the procurement of Goods using National Competitive Tendering Procedures.

The subsequent procurement of Goods is undertaken through a Secondary Procurement

process and the award of a Call-off Contract.

To obtain further information on the use of this STD, contact:

Chief Executive Officer

Public Procurement Authority

Accra, Ghana

ppa.gov.gh

iv

Invitation for Tenders

Framework Agreement(s)

Goods

Table of Contents

Section I – Invitation for Tenders ....................................................................................................................... 1

Section II - Instructions to Tenderers (ITT) ......................................................................................................... 4

Tender Data Sheet (TDS) .................................................................................................................................. 27

Section III - Evaluation and Qualification Criteria ............................................................................................ 35

Section IV - Tender Forms ................................................................................................................................ 40

Section V - Schedule of Requirements and Related Services ............................................................................ 60

Section I – Invitation for Tenders Framework Agreement 1

Section I – Invitation for Tenders

Framework Agreement(s) for Goods (Primary Procurement)

Procurement of:

[insert identification of the Goods]

Procurement Entity/Lead

Entity/Procurement Agent:

[insert name of entity doing this Primary

Procurement]

Framework Agreement Title: [insert short title for the FWA]

Package No.: [as per the Procurement Plan]

IFT Issued on:

[insert date when IFT was issued]

1. The ___________________________ [insert name of Procurement Entity (ies)] intends to

apply part of its/their budgetary allocation to fund eligible payments under Call-off

Contracts that may be awarded under the [Framework Agreement (FWA)/Framework

Agreements (FWAs)] concluded through this IFT Primary Procurement process.

BRIEF DESCRIPTION OF GOODS:

___________________________________________________________________________

_____________________________________________________________________

2. The Procurement Entity/Lead Entity/Procurement Agent is undertaking the Primary

Procurement with a view to concluding [a Framework Agreement / Framework Agreements.]

The Procurement Entity/Lead Entity/Procurement Agent [select the appropriate option: is the

sole Entity under the Framework Agreement[s]. / is an Entity acting on behalf of [another/a

group of] Entity[ies] / is a Procurement Agent (but not itself a Procurement Entity) acting

on behalf of [a/a group of] Procurement Entity[ies]]. The Procurement Entity/Lead

Entity/Procurement Agent now invites sealed Tenders from eligible Tenderers for [insert

brief description of Goods required, including estimated quantities over the Term of the

Framework Agreement(s), indicative location(s), indicative delivery schedule(s) etc. if

known].

Section I – Invitation for Tenderers (IFT) 2

3. The [Framework Agreement] to be concluded will be [choose one of the following two

options: “Single-User.” OR” Multi-User.”] [For Single-User FWA add the following: “The

Single-User entitled to procure under the [Framework Agreement]is [insert legal name of the

Entity.]] [For Multi-User FWAs add the following: “A list of the users (participating

Procurement Entities) entitled to procure under the [Framework Agreement] is provided in

the Tender document.”]]

4. The [Framework Agreement) to be concluded will be [choose one the following two options:

“Single-Supplier.” OR “Multi-Supplier.”].

5. The selection of an FWA Supplier to be awarded a Call-off Contract will be done through a

Secondary Procurement process as defined in the Framework Agreement. However, the

conclusion of a Framework Agreement shall not impose any obligation on the Procurement

Entity to procure Goods under a Call-off Contract. The conclusion of a Framework

Agreement does not guarantee that an FWA Supplier will be awarded a Call-off Contract.

Tendering will be conducted through the National Competitive Tendering procedures

specified in the Public Procurement Act, 2003 (Act 663) as amended.

7. Tenderers may submit Tenders for one or more [choose one of the following: “items” OR

“lots”].

8. The [Framework Agreement(s)] shall be concluded for a Term of [insert the number of

years, note: the Term should not exceed 3 years] from the commencement date stated in

the Framework Agreement.

9. The Primary Procurement shall establish a Closed Framework Agreement(s). This means

no new firm (s) may conclude Framework Agreement during the Term of Framework

Agreement

10. Interested eligible Tenderers may obtain further information from [insert name of

Procurement Entity/Lead Entity/Procurement Agent, insert name and e-mail of officer in

charge] and inspect the Tender document during office hours [insert office hours if

applicable i.e. 0900 to 1700 hours] at the address given below [state address at the end of

this IFT]. The Eligibility requirements include:

• Valid GRA Tax Clearance Certificate

• Valid SSNIT Clearance Certificate

• Valid VAT Registration Certificate (if applicable)

• Valid Business Registration Certificate

• Valid Certificate of Incorporation

• Valid Certificate to Commence Business

• Valid Registration Certificate from PPA

Section I – Invitation for Tenderers (IFT) 3

11. The Tender document may be procured by interested Tenderers upon the submission of a

written application to the address below and upon payment of a nonrefundable fee1 of

[insert amount and currency]. The method of payment will be [insert method of payment].2

The document will be sent by [insert delivery procedure].

12. Tenders must be delivered to the address below [state address]3 on or before [insert time

and date]. Electronic Tendering [“will” OR “will not”] be permitted. Late Tenders will

be rejected. Tenders will be publicly opened in the presence of the Tenderers’ designated

representatives and anyone who chooses to attend, at the address below on [insert time and

date].

13. The address(es) referred to above is (are): [insert detailed address(es)]

[Insert name of Procurement Entity/Lead Entity/Procurement Agent]

[Insert name of officer and title]

[Insert postal address and/or street address, Ghana Post GPS code, city and country]

[Insert telephone number, country and city codes]

[Insert email address]

[Insert website address]

1 The fee chargeable should only be nominal to defray reproduction and mailing costs. 2 For example, cashier’s cheque, direct deposit to specified account number, etc. 3 Substitute the address for Tender submission if it is different from address for inquiry and issuance of Invitation

for Tenders document.

Section II – Instructions to Tenderers (ITT) 4

Section II - Instructions to Tenderers (ITT)

Contents

A. General .............................................................................................................................. 6

1 Scope of Tender ....................................................................................................................................... 6

2 Source of Funds ....................................................................................................................................... 8

3 Corrupt and Fraudulent Practices ..................................................................................................... 8

4 Eligible Tenderers .................................................................................................................................... 9

5 Eligible Goods and Related Services ........................................................................................................ 9

B. Contents of the IFT Document ....................................................................................... 10

6 Sections of Tender Document ................................................................................................................ 10

7 Clarification of Tender Document.......................................................................................................... 11

8 Amendment of Tender Document ......................................................................................................... 11

C. Preparation of Tenders .................................................................................................... 12

9 Cost of Tendering .................................................................................................................................. 12

10 Language of Tender ............................................................................................................................... 12

11 Documents Comprising the Tender ....................................................................................................... 12

12 Letter of Tender and Price Schedules .................................................................................................... 13

13 Alternative Tenders ............................................................................................................................... 13

14 Tender Prices and Discounts .................................................................................................................. 13

15 Currencies of Tender and Payment........................................................................................................ 15

16 Documents Establishing the Eligibility and Conformity of Goods .......................................................... 15

17 Documents Establishing the Eligibility and Qualifications of the Tenderer ........................................... 16

18 Period of Validity of Tenders ................................................................................................................. 16

19 Tender Securing Declaration ................................................................................................................. 16

20 Format and Signing of Tender ............................................................................................................... 17

D. Submission and Opening of Tenders .............................................................................. 17

21 Sealing and Marking of Tenders ............................................................................................................ 17

22 Deadline for Submission of Tenders ...................................................................................................... 18

23 Late Tenders .......................................................................................................................................... 18

24 Withdrawal, Substitution, and Modification of Tenders ....................................................................... 18

25 Tender Opening ...................................................................................................................................... 19

E. Evaluation and Comparison of Tenders .......................................................................... 20

26 Confidentiality ........................................................................................................................................ 20

27 Clarification of Tenders .......................................................................................................................... 20

28 Deviations, Reservationsand Omissions ................................................................................................. 21

29 Determination of Responsiveness .......................................................................................................... 21

30 Nonconformities, Errors and Omissions ................................................................................................. 22

31 Correction of Arithmetical Errors ........................................................................................................... 22

32 Margin of Preference ............................................................................................................................. 22

33 Evaluation of Tenders ............................................................................................................................. 22

34 Comparison of Tenders ........................................................................................................................... 24

35 Qualification of the Tenderer(s) ............................................................................................................. 24

36 Procurement Entity’s Right to Accept Any Tender, and to Reject Any or All Tenders............................. 24

F. Conclusion of a Framework Agreement ......................................................................... 25

37 Framework Agreement Criteria .............................................................................................................. 25

38 Notification to Conclude a Framework Agreement ................................................................................ 25

39 Obligation to Procure ............................................................................................................................. 25

40 Debriefing by the Procurement Entity .................................................................................................... 25

41 Signing the Framework Agreement ........................................................................................................ 25

42 Publication of the Conclusion of Framework Agreement Notice ............................................................ 25

43 Procurement Related Complaint ............................................................................................................ 26


Section II. Instructions to Tenderers

A. General

1 Scope of

Tender

1.1 In connection with the Invitation for Tenders (IFT) Framework

Agreement(s) Goods, specified in the Tender Data Sheet (TDS), the

Procurement Entity, as specified in the TDS, issues this Invitation for

Tenders (IFT) document as part of the Primary Procurement process

for Goods, and may lead to Framework Agreement(s) being concluded

with the successful Tenderer(s). The name and identification of this

IFT are specified in the TDS.

1.2 Throughout this Tender document:

(a) “in writing” means communicated in written form (e.g. by

mail, e-mail, including if specified in the TDS, distributed or

received through the electronic-procurement system used by

the Procurement Entity) with proof of receipt;

(b) if the context so requires, “singular” means “plural” and vice

versa;

(c) “Day” means calendar day, unless otherwise specified as

“Business Day”. A Business Day is any day that is an official

working day. It excludes t official public holidays;

(d) “Call-off Contract” means a contract awarded, under a

Framework Agreement, through a Secondary Procurement

process, for the supply of Goods, and any Related Services. The

parties to the contract are the Procurement Entity and Supplier;

(e) “Closed Framework Agreement”: A Closed Framework

Agreement is where no new firm(s) may conclude Framework

Agreement(s) during the Term of the Framework Agreement;

(f) “Country” means Ghana;

(g) “Delivery Period” is the specified period from the date of

formation of a Call-off contract for delivery of the Goods, as

per the applicable Incoterms.

(h) “Framework Agreement (FWA)” means the agreement

between the Procurement Entity and Supplier(s) (the successful

Tenderer(s)) to establish the terms and procedures governing

the award of Call-off contracts under the agreement;


(i) “FWA Supplier” means a Supplier;

(j) “Goods” means all goods, materials or items that the Supplier

is required to supply to a Procurement Entity under a Call-off

Contract placed under a Framework Agreement. Details of

such Goods are set out in Section V: Supply Requirements, and

the Framework Agreement and particularly described in a Call-

off Contract. Where appropriate, for the purpose of

interpretation, the definition for Goods includes Related

Services;

(k) “Lead Procurement Entity” when named in the Framework

Agreement, a Lead Procurement Entity is a party to the

Framework Agreement, in its capacity as: (a) the lead Entity

acting on behalf of all participating Procurement Entities in

managing and administering the Framework Agreement, and

(b) as a Procurement Entity in its own right;

(l) “Multi-User Framework Agreement” means a Framework

Agreement where there is more than one Procurement Entity

permitted to procure through a Call-off Contract;

(m) “Multi-Supplier Framework Agreement” means where

more than one Tenderer (Supplier) concludes a Framework

Agreement for the supply of each item/Lot;

(n) “Primary Procurement” means the procurement process that

results in concluding a Framework Agreement(s) with a

successful Tenderer(s), as described in this IFT;

(o) “Procurement Agent” when named in the Framework

Agreement, is a party to the Framework Agreement, but only

in its capacity to conclude the Framework Agreement(s) with

successful Suppliers, and, as the Entity responsible for

managing and administering the Framework Agreement, on

behalf of the Procurement Entity or Procurement Entities, once

it has been concluded. A Procurement Agent is not a

Procurement Entity under the Framework Agreement;

(p) “Procurement Entity” means the Entity that conducts public

procurement under the Public Procurement Act;

(q) “Related Services” if applicable, means the services

incidental to the supply of the Goods, such as insurance,

installation, training, initial maintenance and other such

obligations of the Supplier, as specified in Framework

Agreement Section V: Schedule of Requirements, and

specifically described in a Call-off Contract;


(r) “Secondary Procurement” means the process described in

the Framework Agreement and followed by a Procurement

Entity to select an FWA Supplier, and award a Call-off

Contract for the supply of Goods;

(s) “Single-User Framework Agreement” means a Framework

Agreement where only one User (Entity) concludes the FWA;

(t) “Single-Supplier Framework Agreement” means a

Framework Agreement where only one Tenderer (Supplier)

concludes a Framework Agreement for the supply of each

item/Lot;

(u) “Supplier” means a Tenderer that has concluded a Framework

Agreement through the Primary Procurement process and may

be considered for the award of a Call-off Contract, to deliver

the Goods, and, if applicable, Related Services, as and when

required. A Supplier may also be referred to as a “FWA

Supplier”;

(v) “Term” means the duration of a Framework Agreement

starting on the Commencement Date.

2 Source of

Funds

2.1 The Entity intends to apply a portion of its Budgetary Allocations to

eligible payments under Call-off Contracts to be awarded under the

Framework Agreement(s) for which this Tender document is issued.

3 Corrupt and

Fraudulent

Practices

3.1

The Government of the Republic of Ghana requires that Tenderers

under the contracts financed from public funds, observe the highest

standard of ethics during the procurement and execution of such

contracts. In pursuance of this policy, the following terms shall be

interpreted as indicated:

a. “corrupt practice” means the offering, giving, receiving or

soliciting of anything of value to influence the action of a public

official in the procurement process or in contract execution; and

b. “fraudulent practice” means a misrepresentation of facts in order

to influence a procurement process or the execution of a contract,

and includes collusive practice among Tenderers (prior to or after

Tender submission) designed to establish Tender prices at artificial

non-competitive levels and to deprive the benefits of free and open

competition;

3.2 The Procurement Entity will reject a proposal for award if it determines

that the Tenderer recommended for award has engaged in corrupt or

fraudulent practices in competing for the contract in question;


3.3 Furthermore, Tenderers shall be aware of the provision stated in

Section VIII (Framework Agreement General Provisions).

4 Eligible

Tenderers

4.1 This Invitation for Tenders is open to all eligible suppliers who meet

the following requirements unless otherwise indicated in the TDS .

Valid GRA Tax Clearance Certificate

Valid SSNIT Clearance Certificate

Valid VAT Registration Certificate (if applicable)

Valid Business Registration Certificate

Valid Certificate of Incorporation

Valid Certificate to Commence Business

Valid Registration Certificate from the Public Procurement

Authority

4.2 State Owned Enterprises may participate only if they are legally and

financially autonomous, operate under commercial law, and are not a

dependent agency of the Procurement Entity.

4.3 In the case of a Joint Venture (JV):

a) All parties to the JV shall be jointly and severally liable; and

b) A JV shall nominate a Representative who shall have the

authority to conduct all businesses for and on behalf of any and

all parties of the JV during the Tendering process and, in the

event the JV is awarded the Contract, during execution.

4.4 Tenderers should not be associated or not have been associated in the

past, directly or indirectly, with a firm or any of its affiliates which

have been engaged by any of the Procurement Entities to provide

consulting services for the preparation of the design, specifications,

and other documents to be used for the procurement of goods to be

procured under this Invitation for Tenders.

4.5 Tenderers shall not be under a declaration of ineligibility for corrupt

and fraudulent practices issued by the Public Procurement Authority.

5 Eligible

Goods and

Related

Services

5.1 All goods and related services to be supplied under the Call-off

Contract awarded under a Framework Agreement shall have their

origin in eligible source countries, and all expenditures made under

the contract will be limited to such goods and services. For purposes

of this ITT, the term “Goods” includes commodities, raw materials,

machinery, equipment, and industrial plants; and “Related Services”

includes services such as insurance, installation, training, and initial

maintenance.


5.2 For purposes of this clause, “Origin” means the place where the goods

are mined, grown, or produced, or the place from which the related

services are supplied. Goods are produced when, through

manufacturing, processing, or substantial and major assembly of

components, a commercially-recognized product results that is

substantially different in basic characteristics or in purpose or utility

from its components. The term “origin” means the country where the

Goods have been mined, grown, cultivated, produced, manufactured

or processed; or, through manufacture, processing, or assembly,

another commercially recognized article results that differs

substantially in its basic characteristics from its components.

5.3 The origin of goods and services is distinct from the nationality of the

Tenderer.

B. Contents of the IFT Document

6 Sections of

Tender

Document

6.1 The Tender document consists of Parts 1 and 2, which includes all

sections, schedules, annexes and should be read in conjunction with

any addenda issued in accordance with ITT 8.

PART 1 – PRIMARY PROCUREMENT

Section I - Invitation for Tenders (IFT)

Section II - Instructions to Tenderers (ITT)

Section III - Evaluation and Qualification Criteria

Section IV - Tender Forms

Section V - Schedule of Requirements

Section VI - Technical Specifications

Section VII – Framework Agreement Forms

Section VIII - Framework Agreement General Provisions

Section IX - Framework Agreement Specific Provisions

Section X – List of Procurement Entities (if Applicable)


PART 2 – SECONDARY PROCUREMENT

Section XI – Secondary Procurement Methods

Section XII – Formation of Call off Contracts

Section XIII – Communicating Award of call off contracts

Section XIV – Complaint about award of call off contract

Section XV – Call off contract General Provisions

Section XVI – Call off contract Specific Provision

Section XVII – Secondary Procurement Forms

Section XVIII – List of Procurement Entities (if Applicable)

6.2 Unless obtained directly from the Procurement Entity, the

Procurement Entity is not responsible for the completeness of the

document, responses to requests for clarification, the Minutes of the

pre-Tender meeting (if any), or addenda to the Tender document in

accordance with ITT 8. In case of any contradiction, documents

obtained directly from the Procurement Entity shall prevail.

6.3 The Tenderer is expected to examine all instructions, forms, terms,

and specifications in the Tender document and to furnish with its

Tender all information or documentation as is required by the Tender

document.

7 Clarification

of Tender

Document

7.1 A Tenderer requiring any clarification of the Tender document shall

contact the Procurement Entity in writing at the Procurement Entity’s

address specified in the TDS. The Procurement Entity will respond

in writing to any request for clarification, provided that such request

is received prior to the deadline specified in the TDS. The

Procurement Entity shall forward copies of its response to all

Tenderers who have acquired the Tender document in accordance

with ITT 6.2, including a description of the inquiry but without

identifying its source. If so specified in the TDS, the Procurement

Entity shall also promptly publish its response at the web page

identified in the TDS. Should the clarification result in changes to

the essential elements of the Tender document, the Procurement

Entity shall amend the Tender document following the procedure

under ITT 8 and ITT 22.2.

8 Amendment

of Tender

Document

8.1 At any time prior to the deadline for submission of Tenders, the

Procurement Entity may amend the Tender document by issuing

addenda.


8.2 Any Addendum issued shall be part of the Tender document and shall

be communicated in writing to all who have obtained the Tender

document from the Procurement Entity in accordance with ITT 6.2.

The Procurement Entity shall also promptly publish the addendum

on the PPA and Procurement Entity’s web page in accordance with

ITT 7.1.

8.3 To give prospective Tenderers reasonable time in which to take an

addendum into account in preparing their Tenders, the Procurement

Entity may, at its discretion, extend the deadline for the submission

of Tenders, pursuant to ITT 22.2.

C. Preparation of Tenders

9 Cost of

Tendering

9.1 The Tenderer shall bear all costs associated with the preparation and

submission of its Tender, in relation to this Primary Procurement

process, (and if successful any Secondary Procurement process) and

the Procurement Entity shall not be responsible or liable for those

costs, regardless of the conduct or outcome of the Tendering process.

10 Language of

Tender

10.1 The Tender, as well as all correspondence and documents relating to

the Tender exchanged by the Tenderer and the Procurement Entity,

shall be written in English.

11 Documents

Comprising

the Tender

11.1 The Tender shall comprise the following:

(a) Letter of Tender prepared in accordance with ITT 12;

(b) Price Schedules: completed in accordance with ITT 12 and

ITT 14;

(c) Authorization: written confirmation authorizing the signatory

of the Tender to commit the Tenderer, in accordance with ITT

20.3;

(d) Qualifications: documentary evidence in accordance with ITT

17 establishing the Tenderer’s qualifications to conclude a

Framework Agreement and perform any Call-off Contract, if

awarded;

(e) Tenderer's Eligibility: documentary evidence in accordance

with ITT 17 establishing the Tenderer’s eligibility to Tender;

(f) Eligibility of Goods and Related Services: documentary

evidence in accordance with ITT 16, establishing the eligibility

of the Goods and Related Services to be supplied by the

Tenderer;


(g) Conformity: documentary evidence in accordance with ITT

16, that the Goods and Related Services conform to the Tender

document; and

(h) any other document required in the TDS.

11.2 In addition to the requirements under ITT 11.1, Tenders submitted

by a JV shall include a copy of the Joint Venture agreement entered

into by all members. Alternatively, a letter of intent to execute a Joint

Venture Agreement in the event of a successful Tender shall be

signed by all members and submitted with the Tender, together with

a copy of the proposed agreement.

11.3 The Tenderer shall furnish in the Letter of Tender information on

commissions and gratuities, if any, paid or to be paid to agents or any

other party relating to this Tender.

12 Letter of

Tender and

Price

Schedules

12.1 The Letter of Tender and Price Schedules shall be prepared using the

relevant forms furnished in Section IV, Tender Forms. The forms

must be completed without any alterations to the text, and no

substitutes shall be accepted except as provided under ITT 20.3. All

blank spaces shall be filled in with the information requested.

13 Alternative

Tenders

13.1 Alternative Tenders shall not be permitted in this Primary

Procurement process unless otherwise stated in the TDS.

14 Tender

Prices and

Discounts

14.1 The prices and unconditional discounts quoted by the Tenderer in the

Letter of Tender and in the Price Schedules shall conform to the

requirements specified below.

14.2 Tenderers shall provide their prices in the Price Schedules, as

specified in the TDS.

14.3 The price to be quoted in the Letter of Tender in accordance with

ITT 12.1 shall be, as specified in the TDS.

14.4 The Tenderer shall indicate the methodology for the application of

any unconditional discounts in the Letter of Tender, in accordance

with ITT 12.1.

14.5 For the purpose of Secondary Procurement, the price(s) offered by the

Tenderer shall be treated as set out in the Framework Agreement

Specific Provisions.

14.6 The terms EXW, CIP, DDP and other similar terms shall be governed

by the rules prescribed in the current edition of Incoterms, published

by the International Chamber of Commerce, as specified in the TDS.

14.7 Prices shall be quoted as specified in each Price Schedule included

in Section IV, Tender Forms. The disaggregation of price


components is required solely for the purpose of facilitating the

comparison of Tenders by the Procurement Entity. This shall not in

any way limit the Procurement Entity’s right to award a Call-off

contract on any of the terms offered. Prices shall be entered in the

following manner:

(a) For Goods manufactured in Ghana:

(i) the price of the Goods quoted EXW (ex-works, ex-

factory, ex warehouse, ex showroom, or off-the-shelf, as

applicable), including all customs duties and sales and

other taxes already paid or payable on the components and

raw material used in the manufacture or assembly of the

Goods;

(ii) any sales tax and other taxes which will be payable on the

Goods (if a Call-off Contract is awarded to the Tenderer

as an FWA Supplier); and

(iii) the price for inland transportation, insurance, and other local

services required to convey the Goods to their final

destination (Project Site) (if a Call-off Contract is awarded

to the Tenderer as an FWA Supplier) specified in the TDS.

(b) For Goods manufactured outside Ghana to be imported:

(i) the price of the Goods quoted DDP named place of

destination, in Ghana, as specified in the TDS;

(ii) the price for inland transportation, insurance, custom

duties and other local services required to convey the

Goods from the named place of destination to their final

destination (Project Site) (if a Call-off Contract is

awarded to the Tenderer as an FWA Supplier), specified

in the TDS;

(c) For Goods manufactured outside Ghana already imported:

(i) the price of the Goods, including the original import value

of the Goods, plus any mark-up (or rebate); plus, any other

related local cost, and custom duties and other import

taxes already paid or to be paid on the Goods already

imported;

(ii) the custom duties and other import taxes already paid

(need to be supported with documentary evidence) or to

be paid on the Goods already imported;

(iii) the price of the Goods obtained as the difference between

(i) and (ii) above;


(iv) any sales and other taxes which will be payable on the

Goods (if a Call-off Contract is awarded to the Tenderer

as an FWA Supplier); and

(v) the price for inland transportation, insurance, and other

local services required to convey the Goods from the

named place of destination to their final destination

(Project Site) (if a Call-off Contract is awarded to the

Tenderer as an FWA Supplier), specified in the TDS.

(d) for Related Services, other than inland transportation and other

services required to convey the Goods to their final destination,

whenever such Related Services are specified in the Schedule

of Requirements, the price of each item comprising the Related

Services (inclusive of any applicable taxes).

15 Currencies

of Tender

and

Payment

Prices shall be quoted in Ghanaian Cedis (GH₵) and payments made

in Ghana Cedis (GH₵).

16 Documents

Establishing

the

Eligibility

and

Conformity

of Goods

16.1 To establish the eligibility of the Goods and Related Services in

accordance with ITT 5, Tenderers shall complete the country of

origin declarations in the Price Schedule Forms, included in Section

IV, Tender Forms.

16.2 To establish the conformity of the Goods and Related Services to the

Tender document, the Tenderer shall furnish as part of its Tender the

documentary evidence that the Goods conform to the technical

specifications and standards specified in Section VI, Technical

Specifications.

16.3 The documentary evidence may be in the form of literature, drawings

or data, and shall consist of a detailed item by item description of the

essential technical and performance characteristics of the Goods and

Related Services, demonstrating substantial responsiveness of the

Goods and Related Services to the technical specification, and if

applicable, a statement of deviations and exceptions to the provisions

of the Section VI, Technical Specifications.

16.4 The Tenderer shall also furnish a list giving full particulars, including

available sources and current prices of spare parts, special tools, etc.,

necessary for the proper and continuing functioning of the Goods

during the period specified in the TDS following acceptance of the

Goods by the Procurement Entity (if a Call-off Contract is awarded to

the Tenderer as an FWA Supplier).

16.5 Standards for workmanship, process, material, and equipment, as

well as references to brand names or catalogue numbers specified by


the Procurement Entity in the Schedule of Requirements, are

intended to be descriptive only and not restrictive. The Tenderer may

offer other standards of quality, brand names, and/or catalogue

numbers, provided that it demonstrates, to the Procurement Entity’s

satisfaction, that the substitutions ensure substantial equivalence or

are superior to those specified in the Section VI, Technical

Specifications.

17 Documents

Establishing

the

Eligibility

and

Qualification

s of the

Tenderer

17.1 To establish Tenderer’s eligibility in accordance with ITT 4,

Tenderers shall complete the Letter of Tender, included in Section IV,

Tender Forms.

17.2 The documentary evidence of the Tenderer’s qualifications to

conclude a Framework Agreement, and/or to perform any Call-off

Contract(s) if awarded, shall establish to the Procurement Entity’s

satisfaction:

(a) that, if required in the TDS, a Tenderer that does not manufacture

or produce the Goods it offers to supply shall submit the

Manufacturer’s Authorization using the form included in Section

IV, Tender Forms to demonstrate that it has been duly authorized

by the manufacturer or producer of the Goods to supply these

Goods in Ghana;

(b) that the Tenderer meets each of the qualification criterion

specified in Section III, Evaluation and Qualification Criteria.

18 Period of

Validity of

Tenders

18.1 Tenders shall remain valid for the Tender Validity period specified

in the TDS. The Tender Validity period starts from the date fixed for

the Tender submission deadline (as prescribed by the Procurement

Entity in accordance with ITT 22.1). A Tender valid for a shorter

period shall be rejected by the Procurement Entity as nonresponsive.

18.2 In exceptional circumstances, prior to the expiration of the Tender

validity period, the Procurement Entity may request Tenderers to

extend the period of validity of their Tenders. The request and the

responses shall be made in writing. A Tenderer may refuse the

request to extend the validity of their Tenders. A Tenderer granting

the request shall not be required or permitted to modify its Tender.

19 Tender

Securing

Declaration

19.1 Tender -Securing Declaration is required in relation to the Primary

Procurement process.

19.2 The Tender Securing Declaration shall cover the Minimum Quantity

or Value specified in the FWA Tender Data Sheet.


20 Format and

Signing of

Tender

20.1 The Tenderer shall prepare one original of the documents comprising

the Tender as described in ITT 11 and clearly mark it “ORIGINAL.”

In addition, the Tenderer shall submit copies of the Tender, in the

number specified in the TDS and clearly mark them “COPY.” In the

event of any discrepancy between the original and the copies, the

original shall prevail.

20.2 Tenderers shall mark as “CONFIDENTIAL” information in their

Tenders which is confidential to their business. This may include

proprietary information, trade secrets, or commercial or financially

sensitive information.

20.3 The original and all copies of the Tender shall be typed or written in

indelible ink and shall be signed by a person duly authorized to sign

on behalf of the Tenderer. This authorization shall consist of a written

confirmation as specified in the TDS and shall be attached to the

Tender. The name and position held by each person signing the

authorization must be typed or printed below the signature. All pages

of the Tender where entries or amendments have been made shall be

signed or initialed by the person signing the Tender.

20.4 In case the Tenderer is a JV, the Tender shall be signed by an

authorized representative of the JV on behalf of the JV, and so as to

be legally binding on all the members as evidenced by a power of

attorney signed by their legally authorized representative(s).

20.5 Any inter-lineation, erasures, or overwriting shall be valid only if

they are signed or initialed by the person signing the Tender.

D. Submission and Opening of Tenders

21 Sealing and

Marking of

Tenders

21.1 The Tenderer shall deliver the Tender in a single, sealed envelope

(one-envelope Tendering process). Within the single envelope, the

Tenderer shall place the following separate, sealed envelope

(a) in an envelope marked “ORIGINAL”, all documents comprising the

Tender, as described in ITT 11; and

(b) in an envelope marked “COPIES”, all required copies of the

Tender; and,

21.2 The inner and outer envelopes, shall:

(a) bear the name and address of the Tenderer;

(b) be addressed to the Procurement Entity ITT 22.1;

(c) bear the specific identification of this Tendering process

indicated in ITT 1.1; and


(d) bear a warning not to open before the time and date for Tender

opening.

21.3 If all envelopes are not sealed and marked as required, the

Procurement Entity will assume no responsibility for the

misplacement or premature opening of the Tender.

22 Deadline for

Submission

of Tenders

22.1 Tenders must be received by the Procurement Entity at the address

and no later than the date and time specified in the TDS. When so

specified in the TDS, Tenderers shall have the option of submitting

their Tenders electronically. Tenderers submitting Tenders

electronically shall follow the electronic Tender submission

procedures specified in the TDS.

22.2 The Procurement Entity may, at its discretion, extend the deadline

for the submission of Tenders by amending the Tender document in

accordance with ITT 8, in which case all rights and obligations of

the Procurement Entity and Tenderers previously subject to the

deadline shall thereafter be subject to the deadline as extended.

23 Late

Tenders

23.1 The Procurement Entity shall not consider any Tender that arrives

after the deadline for submission of Tenders, in accordance with ITT

22. Any Tender received by the Procurement Entity after the

deadline for submission of Tenders shall be declared late, rejected,

and returned unopened to the Tenderer in accordance with

procedures stipulated by the PPA.

24 Withdrawal,

Substitution,

and

Modification

of Tenders

24.1 A Tenderer may withdraw, substitute, or modify its Tender after it

has been submitted by sending a written notice, duly signed by an

authorized representative, and shall include a copy of the

authorization (the power of attorney) in accordance with ITT 20.3,

(except that withdrawal notices do not require copies). The

corresponding substitution or modification of the Tender must

accompany the respective written notice. All notices must be:

(a) prepared and submitted in accordance with ITT 20 and ITT 21

(except that withdrawal notices do not require copies), and in

addition, the respective envelopes shall be clearly marked

“WITHDRAWAL,” “SUBSTITUTION,” or “MODIFICATION;” and

(b) received by the Procurement Entity prior to the deadline

prescribed for submission of Tenders, in accordance with ITT

22.

24.2 Tenders requested to be withdrawn in accordance with ITT 24.1

shall be returned unopened to the Tenderers.

24.3 No Tender may be withdrawn, substituted, or modified in the interval

between the deadline for submission of Tenders and the expiration


of the period of Tender validity specified by the Tenderer on the

Letter of Tender or any extension thereof.

25 Tender

Opening

25.1 Except as in the cases specified in ITT 23 and ITT 24.2, the

Procurement Entity shall, at the Tender opening, publicly open and

read out all Tenders received by the deadline at the date, time and

place specified in the TDS in the presence of Tenderers’ designated

representatives and anyone who chooses to attend. Any specific

electronic Tender opening procedures required if electronic

Tendering is permitted in accordance with ITT 22.1, shall be as

specified in the TDS.

25.2 First, envelopes marked “WITHDRAWAL” shall be opened and read

out and the envelope with the corresponding Tender shall not be

opened but returned to the Tenderer. If the withdrawal envelope does

not contain a “power of attorney” confirming the signature as a

person duly authorized to sign on behalf of the Tenderer, the

corresponding Tender will be opened. No Tender withdrawal shall

be permitted unless the corresponding withdrawal notice contains a

valid authorization to request the withdrawal and is read out at

Tender opening.

25.3 Next, envelopes marked “SUBSTITUTION” shall be opened and read

out and exchanged with the corresponding Tender being substituted,

and the substituted Tender shall not be opened, but returned to the

Tenderer. No Tender substitution shall be permitted unless the

corresponding substitution notice contains a valid authorization to

request the substitution and is read out at Tender opening.

25.4 Next, envelopes marked “MODIFICATION” shall be opened and read

out with the corresponding Tender. No Tender modification shall be

permitted unless the corresponding modification notice contains a

valid authorization to request the modification and is read out at

Tender opening.

25.5 Next, all remaining envelopes shall be opened one at a time, reading

out: the name of the Tenderer and whether there is a modification;

the Tender Prices, including any unconditional discounts, and any

other details as the Procurement Entity may consider appropriate.

25.6 Only Tenders and unconditional discounts that are opened and read

out at Tender opening shall be considered further in the evaluation.

The Letter of Tender and the Price Schedules are to be initialed by

representatives of the Procurement Entity attending Tender opening

in the manner specified in the TDS.


25.7 The Procurement Entity shall neither discuss the merits of any

Tender nor reject any Tender (except for late Tenders, in accordance

with ITT 23.1).

25.8 The Procurement Entity shall prepare a record of the Tender opening

that shall include, as a minimum;

(a) the name of the Tenderer and whether there is a withdrawal,

substitution, or modification;

(b) the Tender Price, per lot (item) if applicable, including any

unconditional discounts;

25.9 The Tenderers’ representatives who are present shall be requested to

sign the record. The omission of a Tenderer’s signature on the record

shall not invalidate the contents and effect of the record. A copy of

the record shall be distributed to all Tenderers.

E. Evaluation and Comparison of Tenders

26 Confidentiality 26.1 Information relating to the evaluation of Tenders and

recommendation to conclude a Framework Agreement(s), shall not

be disclosed to Tenderers or any other persons not officially

concerned with the Tendering process until the Notification to

Conclude the Framework Agreement is transmitted to the successful

tenderer in accordance with ITT38.1.

26.2 Any effort by a Tenderer to influence the Procurement Entity in the

evaluation or decision to conclude a Framework Agreement(s) may

result in the rejection of its Tender.

26.3 Notwithstanding ITT 26.2, from the time of Tender opening to the

time of the Framework Agreement being concluded, if any Tenderer

wishes to contact the Procurement Entity on any matter related to the

Tendering process, it should do so in writing.

27 Clarification

of Tenders

27.1 To assist in the examination, evaluation, comparison of Tenders, and

qualification of Tenderers, the Procurement Entity may, at its

discretion, ask any Tenderer for a clarification of its Tender. Any

clarification submitted by a Tenderer in respect to its Tender and that

is not in response to a request by the Procurement Entity shall not be

considered. The Procurement Entity’s request for clarification and

the response shall be in writing. No change, including any voluntary

increase or decrease, in the prices or substance of the Tender shall be

sought, offered, or permitted, except to confirm the correction of

arithmetic errors discovered by the Procurement Entity in the

Evaluation of the Tenders, in accordance with ITT 31.


27.2 If a Tenderer does not provide clarifications of its Tender by the date

and time set in the Procurement Entity’s request for clarification, its

Tender may be rejected.

28 Deviations,

Reservations

and

Omissions

28.1 During the evaluation of Tenders, the following definitions apply:

(a) “Deviation” is a departure from the requirements specified in the

Tender document;

(b) “Reservation” is the setting of limiting conditions or withholding

from complete acceptance of the requirements specified in the

Tender document; and

(c) “Omission” is the failure to submit part or all of the information

or documentation required in the Tender document.

29 Determination

of

Responsiveness

29.1 The Procurement Entity’s determination of a Tender’s

responsiveness is to be based on the contents of the Tender itself, as

defined in ITT 11.

29.2 A substantially responsive Tender is one that meets the requirements

of the Tender document without material deviation, reservation, or

omission. Mandatory responsiveness requirements include meeting

eligibility criteria specified in ITT4.1, signature of the Tender by

authorized signatory, provision of the required securities and

manufacturers authorization (where applicable). Additional

responsiveness requirements are indicated in the TDS. A material

deviation, reservation, or omission is one that:

(a) if accepted, would:

(i) affect in any substantial way the scope, quality, or

performance of the Goods and Related Services specified

in the Framework Agreement; or

(ii) limit in any substantial way, inconsistent with the Tender

document, the Procurement Entity’s rights or the

Tenderer’s obligations under the Framework Agreement;

or

(b) if rectified, would unfairly affect the competitive position of

other Tenderers presenting substantially responsive Tenders.

29.3 The Procurement Entity shall examine the technical aspects of the

Tender submitted in accordance with ITT 16 and ITT 17, in

particular, to confirm that all requirements of Section VI, Technical

Specifications have been met without any material deviation or

reservation, or omission.

29.4 If a Tender is not substantially responsive to the requirements of

Tender document, it shall be rejected by the Procurement Entity and


may not subsequently be made responsive by correction of the

material deviation, reservation, or omission.

30 Nonconform

ities, Errors

and

Omissions

30.1 Provided that a Tender is substantially responsive, the Procurement

Entity may waive any nonconformities in the Tender.

30.2 Provided that a Tender is substantially responsive, the Procurement

Entity shall rectify quantifiable nonmaterial nonconformities related

to the Tender Price. To this effect, the Tender Price shall be adjusted,

for comparison purposes only, to reflect the price of a missing or non-

conforming item or component in the manner specified in the TDS.

31 Correction

of

Arithmetical

Errors

31.1 Provided that the Tender is substantially responsive, the Procurement

Entity shall correct arithmetical errors on the following basis:

(a) if there is a discrepancy between the unit price and the line item

total that is obtained by multiplying the unit price by the

quantity, the unit price shall prevail and the line item total shall

be corrected, unless in the opinion of the Procurement Entity

there is an obvious misplacement of the decimal point in the

unit price, in which case the line item total as quoted shall

govern and the unit price shall be corrected;

(b) if there is an error in a total corresponding to the addition or

subtraction of subtotals, the subtotals shall prevail, and the total

shall be corrected; and

(c) if there is a discrepancy between words and figures, the amount

in words shall prevail, unless the amount expressed in words is

related to an arithmetic error, in which case the amount in

figures shall prevail subject to (a) and (b) above.

31.2 Tenderers shall be requested to accept correction of arithmetical

errors. Failure to accept the correction in accordance with ITT 31.1,

shall result in the rejection of the Tender.

32 Margin of

Preference

32.1 A margin of Preference where applicable shall be provided in

accordance with Guidelines provided by PPA as specified in the TDS.

33 Evaluation

of Tenders

33.1 The Procurement Entity shall use the criteria and methodologies

listed in this ITT and Section III, Evaluation and Qualification

Criteria in deciding to conclude a Framework Agreement(s). No

other evaluation criteria or methodologies shall be permitted.

33.2 The Procurement Entity will evaluate and compare only the Tenders

determined to be substantially responsive in accordance with ITT 29

33.3 To evaluate a Tender the Procuring Agency shall consider the

following:


(a) evaluation will be done for Items or Lots, as specified in the

TDS; and the Tender Price as quoted in accordance with ITT

14;

(b) price adjustment for correction of arithmetic errors in

accordance with ITT 31.1;

(c) price adjustment due to unconditional discounts offered in

accordance with ITT 14.4;

(d) price adjustment due to quantifiable nonmaterial

nonconformities in accordance with ITT 30.3; and;

(e) the additional evaluation factors are specified in Section III,

Evaluation and Qualification Criteria.

33.4 The Purchaser reserves the right to accept or reject any variation,

deviation, or alternative offer. Variations, deviations, and alternative

offers and other factors which are in excess of the requirements of the

Tender documents or otherwise result in unsolicited benefits for the

Purchaser will not be taken into account in Tender evaluation

33.5 If applicable, the estimated effect of the price adjustment provisions in

the Framework Agreement(s) (which determines the Contract Price for

a Call-off Contract), applied over the Term of the Framework

Agreement, shall not be taken into account in the Primary Procurement

Tender evaluation.

33.6 The Procurement Entity’s evaluation of a Tender will exclude and

not take into account:

(a) in the case of Goods manufactured in Ghana, sales and other

similar taxes, which will be payable on the Goods if a Call-off

Contract is awarded to the Tenderer;

(b) in the case of Goods manufactured outside Ghana, already

imported or to be imported, customs duties and other import

taxes levied on the imported Goods sales and other similar

taxes, which will be payable on the Goods if the Call-off

Contract is awarded to the Tenderer;

(c) if applicable, any allowance for price adjustment during the

period of execution of the Call-off Contract, if provided in

Section IX: Framework Agreement Specific Provisions.

33.7 The Procuring Agency’s evaluation of a Tender may require the

consideration of other factors, in addition to the Tender Price quoted

in accordance with ITT 14. These factors may be related to the

characteristics, performance, and terms and conditions of purchase


of the Goods and Related Services or geographic location. The effect

of the factors selected, if any, shall be expressed in monetary terms

to facilitate comparison of Bids, unless otherwise specified in the

TDS from amongst those set out in Section III, Evaluation and

Qualification Criteria.

34 Comparison

of Tenders

34.1 The Procurement Entity shall compare the evaluated costs of all

substantially responsive Tenders established in accordance with ITT

33 to determine the ranking of Tenders based on the lowest evaluated

cost. The comparison shall be on the basis of DDP (place of final

destination) prices for imported Goods and EXW prices, custom

duties plus cost of inland transportation and insurance to place of

destination, for Goods manufactured within Ghana, together with

prices for any required installation, training, commissioning and

other Related Services.

35 Qualification

of the

Tenderer(s)

35.1 Before concluding a Framework Agreement(s), the Procurement

Entity shall determine, to its satisfaction, whether the eligible

Tenderer(s) with substantially responsive Tender(s) that are able to

meet the Framework Agreement criteria, meet(s) the qualifying

criteria specified in Section III, Evaluation and Qualification

Criteria.

35.2 The determination shall be based upon an examination of the

documentary evidence of the Tenderer’s qualifications submitted by

the Tenderer, pursuant to ITT 17. The determination shall not take

into consideration the qualifications of other firms such as the

Tenderer’s subsidiaries, parent entities, affiliates, subcontractors

(other than specialized subcontractors if permitted in the Tender

document), or any other firm(s) different from the Tenderer.

35.3 An affirmative determination shall be a prerequisite for the

conclusion of the Framework Agreement (s) to the Tenderer. A

negative determination shall result in disqualification of the Tender.

36 Procurement

Entity’s

Right to

Accept Any

Tender, and

to Reject

Any or All

Tenders

36.1 The Procurement Entity reserves the right to accept or reject any

Tender, and to annul the Tendering process and reject all Tenders at

any time prior to the conclusion of a Framework Agreement(s),

without thereby incurring any liability to Tenderers. In case of

annulment, all Tenders submitted shall be promptly returned to the

Tenderers.


F. Conclusion of a Framework Agreement

37 Framework

Agreement

Criteria

37.1 This is a Closed Framework Agreement, i.e., no new firm(s) may

conclude Framework Agreement(s) during the Term of the

Framework Agreement

37.2 The Procurement Entity shall specify in Section III Evaluation and

Qualification Criteria, the criteria that will apply in the selection of

Tenderer(s), with whom a Framework Agreement(s) may be

concluded.

38 Notification

to Conclude

a

Framework

Agreement

38.1 Prior to the expiration of the Tender Validity Period, the Procurement

Entity shall transmit to the successful Tenderer(s) a Notification to

Conclude a Framework Agreement, attaching the Framework

Agreement for signature by the Tenderer.

39 Obligation

to Procure

39.1 The conclusion of a Framework Agreement shall not impose any

obligation on the Entity to procure any Goods under the Framework

Agreement.

40 Debriefing

by the

Procurement

Entity

40.1 Debriefings of unsuccessful Tenderers may be done in writing or

verbally (over the phone or video conference) or in person. The

Tenderers shall bear their own costs of attending such a debriefing

meeting as provided for under Section VIII.

41 Signing the

Framework

Agreement

41.1 Unless an earlier deadline is stipulated in the TDS, the Tenderer shall

sign, date and return the Framework Agreement within twenty-eight

(28) days of receipt of the same.

41.2 In case of Multi-User Framework Agreement, the Procurement Agent/

Lead Entity shall sign each Framework Agreement on behalf of all

participating Entities.

42 Publication

of the

Conclusion

of

Framework

Agreement

Notice

42.1 The Procurement Entity shall promptly issue notice of contract award

on the website of the Public Procurement Authority or as provided in

Regulations.


43 Procurement

Related

Complaint

43.1 The procedures for making a Procurement-related Complaint are as

specified in the Public Procurement Act, 2003 (Act 663) as

amended.

Section II – Tender Data Sheet (TDS) 27

Tender Data Sheet (TDS) The following specific data for the Goods to be procured shall complement, supplement, or

amend the provisions in the Instructions to Tenderers (ITT). Whenever there is a conflict, the

provisions in the TDS shall prevail over those in ITT.

[Where an e-procurement system is used, modify the relevant parts of the TDS accordingly to

reflect the e-procurement process.]

[Instructions for completing the Tender Data Sheet are provided, as needed, in the notes in

italics mentioned for the relevant ITT.]

A. General

ITT

1.1

The Procurement Entity is: [insert name of the Procurement Entity]

The Procurement Entity is [select the capacity in which the Procurement Entity is

acting, from one of the following:]

OPTION 1: “the Entity that will conclude, administer and manage the Framework

Agreement, and be the sole Procurement Entity under the Framework

Agreement.”

OR

OPTION 2: “the Entity acting for, and on behalf of, [select “the Procurement

Entity” or “all participating Procurement Entities”] in concluding the Framework

Agreement.”

The reference number of the Invitation for Tenders (IFT) is: [insert reference

number of the Invitation for Tenders]

The name of the IFT is: [insert name of the IFT]

[if applicable and if this is for a Single- Supplier FWA, include the following:]

The number and identification of lots (contracts) comprising this IFT is: [insert

number and identification of lots (contracts).]

ITT

1.2 (a)

[delete if not applicable]

Electronic –Procurement System

The Procurement Entity shall use the following electronic-procurement system to

manage this Procurement process:

[insert name of the e-system and URL address or link]

The electronic-procurement system shall be used to manage the following aspects

of the Procurement process:

[list aspects here and modify the relevant parts of the TDS accordingly e.g.,

issuing IFT document, submissions of Tenders, opening of Tenders]


ITT

4.1

Additional provisions on eligibility of Tenderers: [state revisions to ITT 4.1 if

any]

ITT

4.5

A list of debarred firms and individuals is available at:

http://www.ppaghana.gov.gh

B. Contents of the IFT Document

ITT

7.1

For clarification of Tender purposes only, the Procurement Entity’s address is:

[insert the information as required below. This address may be the same as or

different from that specified under ITT 20.1 for Tender submission]

Attention: [insert full name of person, if applicable]

Address: [insert street address and number]

Floor/ Room number: [insert floor and room number, if applicable]

City: [insert name of city or town]

Ghana Post GPS Code: [insert Ghana Post (GPS) code, if applicable]

Country: [insert name of country]

Telephone: [insert telephone number, including country and city codes]

Email address: [insert email address, if applicable]

Requests for clarification should be received by the Procurement Entity no later

than: [insert a date; or the number of Business Days “before the deadline for

submission of Tenders”].

Web page: [in case used, identify the website with free access where Primary

Procurement information is published]

C. Preparation of Tenders

ITT

11.1

(h)

The Tenderer shall submit the following additional documents in its Tender: [list

any additional document not already listed in ITT 11.1 that must be submitted

with the Tender]

ITT

12.1

Alternative Tenders “are” or “are not” permitted (select as applicable).

ITT

14.2

[Note: For Single-Supplier FWA, providing the estimated items and quantities

over the FWA should reasonably enable Tenderers to offer their unit prices in a

competitive manner. However, for Multi-Supplier FWA, the Procurement Entity

may choose, depending on the nature and type of procurement, to provide either

the estimated quantities over the FWA period or the range of call off quantities.

Choose either Option 1 or Option 2 below

http://www.ppa.gov.gh/


Option 1- Single-Supplier FWA

Prices quoted for a lot (contract) shall correspond at least to [insert figure as

applicable, e.g. one hundred] percent of the items specified for the lot (contract)

in the Price Schedules. Prices quoted for each item of a lot shall correspond to one

hundred percent of the estimated quantities over the FWA period specified in the

Price Schedules for the item.

Or0

Option 2- Multi- Supplier FWA

Tenderers may quote their unit prices against any item and estimated quantities

over the FWA period or one or more of the ranges of Call-off quantities for the

item as specified in the Schedule of Prices.]

ITT

14.3

[ Consistent with TDS ITT 14.2 above, choose either Option 1 or Option 2

below:]

Option 1- Single-Supplier FWA

The price to be quoted in the Letter of Tender in accordance with ITT 12.1 shall

be the total Tender price for the specified items or Lots, as applicable.

Option 2- Multi- Supplier FWA

The price to be quoted in the Letter of Tender in accordance with ITT 12.1 shall

be (i) the total Tender prices against the estimated quantities over the FWA period

or (ii) the unit Tender price against the range of Call-off quantities, as specified in

the Schedule of prices.]

ITT

14.6

The Incoterms edition that will apply to Framework Agreement Call-off

Contracts is: [insert relevant edition].

ITT

14.7

(b)(i)

and

(c)(v)

Named place(s) of destination, as per Incoterms used, is [insert named place of

destination].

ITT

14.7

(a)(iii)

(b)(ii)

and

(c)(v)

Final Destination/s (Project Sites) will be specified in each Call-off Contract

awarded under the Framework Agreement. If the final destination is different

from the named place of destination for CIP, the Procurement Entity will pay the

Supplier the reasonable costs for inland transportation, insurance, and other local

services required to convey the Goods from the named place of destination to

their final destination (Project Site). The Procurement Entity will also pay the

Supplier, for price quoted EXW, the reasonable costs for inland transportation,

insurance, and other local services required to convey the Goods to their final

destination (Project Site).

[Note: alternatively, if the final destinations are known, Tenderers may be requested


to include the unit prices for each item for inland transportation, insurance, and

other local services required to convey the Goods from the named place of

destination to their final destination (Project Site). In this case the Price

Schedules shall be modified accordingly].

ITT

15.1

The Tenderer [insert “is” or “is not”’] required to quote in Ghana Cedis.

ITT

16.4

Period of time the Goods are expected to be functioning (for the purpose of spare

parts): [insert duration] following acceptance of the Goods by the Procurement

Entity under a Call-off Contract.

ITT

17.2

(a)

Manufacturer’s authorization is [insert “required.” or “not required.”]

ITT

17.2

(b)

After sales service is [insert “required.” or “not required.”]

ITT

18.1

The Tender validity period shall be [insert the term of the Framework

Agreement] days.

ITT

20.1

In addition to the original of the Tender, the number of copies to be delivered to

the Procurement Entity is [insert number (insert figure)] copies.

ITT

20.3

The written confirmation of authorization to sign on behalf of the Tenderer shall

consist of [insert the name and description of the documentation required to

demonstrate the authority of the signatory to sign the Tender on behalf of the

Tenderer].

D. Submission and Opening of Tenders

ITT

22.1

For Tender submission purpose only, the Procurement Entity’s address is: [This

address may be the same as or different from that specified under ITT 7.1 for

clarifications]


Street Address: [insert street address and number]



Ghana Post GPS Code: [insert Ghana Post (GPS) code, if applicable]


The deadline for Tender submission is:


Date: [insert month, day and year, e.g. June 15th,2020]

Time: [insert time, and identify if a.m. or p.m., e.g. 10:30 a.m.]

[Note: The date and time should be the same as those provided in the Invitation for

Tenders, unless subsequently amended pursuant to ITT 20.2.]

Tenderers [insert “shall” or “shall not”] have the option of submitting their

Tenders electronically.

[Note: The following provision should be included, and the required information

inserted only if Tenderers have the option of submitting their Tenders

electronically. Otherwise omit.]

[The electronic Procurement submission procedures shall be: [insert a description

of the electronic Procurement submission procedures that must be followed]

ITT

25.1

The Tender opening shall take place at:





Date: [insert month, day and year, e.g. June 15th, 2020]

Time: [insert time and identify if a.m. or p.m. e.g. 10:30 a.m.] [Date and time

should be the same as those given for the deadline for submission of Tenders (ITT

22).]

[Note: The following provision should be included, and the required

corresponding information inserted only if Tenderers have the option of

submitting their Tenders electronically. Otherwise omit.]

The electronic Tender opening procedures shall be: [insert a description of the

electronic Tender opening procedures that shall apply.]

ITT

25.6

The Letter of Tender shall be numbered and initialed by [insert number]

representatives of the Procurement Entity conducting Tender opening.

E. Evaluation and Comparison of Tenders

ITT

29.2

Additional responsiveness requirement are: (insert additional responsiveness

requirements)

ITT

30.2

The adjustment shall be based on the [select “average” or “highest”] price of the

item or component as quoted in other substantially responsive Tenders. If the

price of the item or component cannot be derived from the price of other

substantially responsive Tenders, the Procurement Entity shall use its best


estimate.

ITT

32.1

Margin of Preference is (applicable/not applicable)

ITT

33.3(a)

Evaluation will be done for [Select: “Items” or “Lots (contracts)”]

[For Single-Supplier FWA, Select one of the two options below as appropriate]

[OPTION 1

“Tenders will be evaluated on item by item basis.”]

or

[OPTION 2:

“Tenders will be evaluated lot by lot. If a Price Schedule shows items listed but

not priced, their prices shall be assumed to be included in the prices of other

items. An item not listed in the Price Schedule shall be assumed to be not

included in the Tender, and provided that the Tender is substantially responsive,

the [select “average” or “highest”] price of the item quoted by substantially

responsive Tenderers will be added to the Tender price and the equivalent total

cost of the Tender so determined will be used for price comparison.”]

[For Multi-Supplier FWA, insert the following

OPTION 1: If range of Call-off quantities is provided insert the following:

“Tenders will be evaluated for each range of Call-off quantities of an item”

OPTION 2: if the estimated quantities over the FWA period is provided insert one

of the following as applicable:

[OPTION 2-1:

“Tenders will be evaluated on item by item basis.”]

or

[OPTION 2-2:

“Tenders will be evaluated lot by lot. If a Price Schedule shows items listed but

not priced, their prices shall be assumed to be included in the prices of other

items. An item not listed in the Price Schedule shall be assumed to be not

included in the Tender, and provided that the Tender is substantially responsive,

the [select “average” or “highest”] price of the item quoted by substantially

responsive Tenderers will be added to the Tender price and the equivalent total

cost of the Tender so determined will be used for price comparison.”]


33.6

The consideration of other factors during the evaluation, in addition to the Tender

Price quoted, include the factors set out below as more fully described in Section

III, Evaluation and Qualification Criteria;

(a) Deviation in Delivery schedule: [insert Yes or No. If yes insert the

adjustment factor in Section III, Evaluation and Qualification Criteria]

(b) Deviation in Payment schedule: [insert Yes or No. If yes insert the

adjustment factor in Section III, Evaluation and Qualification Criteria]

(c) The Cost of major replacement component, mandatory spare parts, and

service: [insert Yes or No. If yes, insert the Methodology and criteria in

Section III, Evaluation and Qualification Criteria]

(d) Contractual and Commercial Deviations: [insert Yes or No. If yes insert

the adjustment factor in Section III, Evaluation and Qualification

Criteria]

(e) The availability in the Purchaser’s Country of spare parts and after-sales

services for the equipment offered in the Tender [insert Yes or No. If yes,

insert the Methodology and criteria in Section III, Evaluation and

Qualification Criteria]

(f) Life Cycle Costs: the costs during the life of the goods or equipment

[insert Yes or No. If yes, insert the Methodology and criteria in Section III,

Evaluation and Qualification Criteria]

(g) The Performance and Productivity of the equipment offered; [Insert Yes or

No. If yes, insert the Methodology and criteria]

(h) [insert any other specific criteria in Section III, Evaluation and Qualification

Criteria]

F. Concluding a Framework Agreement

ITT

41.1

Signed framework Agreement shall be returned within…………….days of receipt

of same.

ITT

41.1

Signing the Framework Agreement

The Tenderer shall sign, date and return the Framework Agreement within [insert

number of days (insert in figures)] days of receipt of the same.

[Note: The normal time for signing is 28 days. However, with an FWA there is no

Performance Security to be arranged at this stage, so the time for signing may be

reduced.]

Section III – Evaluation and Qualification Criteria 35

Section III - Evaluation and Qualification

Criteria

This Section contains the criteria that the Procurement Entity shall use to conclude a Framework

Agreement(s). The criteria and methodology described is to evaluate Tenders and qualify

Tenderers. No other factors, methods or criteria shall be used other than specified in this IFT

document for the Primary Procurement process.

[The Procurement Entity shall select the criteria deemed appropriate for the Primary Procurement

process, insert the appropriate wording using the samples below or other acceptable wording, and

delete the text in italics]

Contents

1. Evaluation of Tenders (ITT 33) ............................................................................................ 36

2. Criteria to conclude a Framework Agreement(s) (ITT 37) ................................................... 38

3. Post Qualification Criteria (ITT 35) ..................................................................................... 39


1. Evaluation of Tenders (ITT 33)

Evaluation Criteria (ITT 33)

The Procurement Entity’s evaluation of a Tender may take into account, in addition to

the Tender Price quoted in accordance with ITT 14, one or more of the following factors

as specified in ITT 33.7 and in TDS referring to ITT 33.6 using the following criteria

and methodologies.

(a) Delivery schedule. (As per Incoterms specified in the TDS)

The Goods covered under this Invitation are required to be delivered (shipped) within

an acceptable range of days/weeks/months [as applicable] specified in the Schedule of

Requirement. No credit will be given to earlier deliveries, and Tenders offering delivery

beyond this range will be treated as nonresponsive. Within this acceptable range, an

adjustment per day [insert the adjustment factor], will be added for evaluation to the

Tender Price of Tenders offering delivery later than the Earliest Delivery Period

specified in the Schedule of Requirements.

(b) Deviation in Payment Schedule. [Insert the following]

The SCC stipulates the payment schedule specified by the Purchaser. If a Bid deviates

from the schedule and if such deviation is considered acceptable to the Purchaser, the

Bid will be evaluated by calculating interest earned for any earlier payments involved

in the terms outlined in the Bid as compared with those stipulated in the SCC, at the

rate per annum [insert adjustment rate].

(c) Cost of major replacement components, mandatory spare parts, and services.

[Insert one of the following]

(i) The list of items and quantities of major assemblies, components, and selected

spare parts, likely to be required during the initial period of operation specified

in the TDS 16.4, is in the List of Goods. An adjustment equal to the total cost of

these items, at the unit prices quoted in each Tender, shall be added to the Tender

price, for evaluation purposes only.

or

(ii) The Purchaser will draw up a list of high-usage and high-value items of

components and spare parts, along with estimated quantities of usage in the initial

period of operation specified in the TDS 16.4. The total cost of these items and

quantities will be computed from spare parts unit prices submitted by the Tenderer and

added to the Tender price, for evaluation purposes only.


(d) Contractual and Commercial Deviations [Insert one of the following].

The cost of all quantifiable deviations and omissions from the contractual and

commercial conditions shall be evaluated. The Purchaser will make its own assessment

of the cost of any deviations for the purpose of ensuring fair comparison of Tenders.

e) Availability in the Purchaser’s Country of spare parts and after sales services for

equipment offered in the Tender. [Insert one of the following]

An adjustment equal to the cost to the Purchaser of establishing the minimum service

facilities and parts inventories if quoted separately, shall be added to the Bid price, for

evaluation purposes only.

(f) Life Cycle Costs:

If specified in TDS 33.6, an adjustment to take into account the additional life cycle

costs for the period specified below, such as the operating and maintenance costs of the

Goods, will be added to the Tender price, for evaluation purposes only. The adjustment

will be evaluated in accordance with the methodology specified below and the following

information:

[Note to Purchaser: Life cycle costing should be used when the costs of operation and/or

maintenance over the specified life of the goods are estimated to be considerable in

comparison with the initial cost and may vary among different Bids. Life cycle costs

shall be evaluated on a net present value basis. If life cycle costs apply, then specify the

factors required to determine them for evaluation purposes.

[Either amend the following text as required, or delete if life cycle cost is not applicable]

(i) number of years for life cycle cost determination [insert the number of years];

(ii) the discount rate to be applied to determine the net present value of future

operation and maintenance costs (recurrent costs) is [insert the discount rate];

(iii) the annual operating and maintenance costs (recurrent costs) shall be determined

on the basis of the following methodology: [insert methodology];

(iv) and the following information is required from bidders [insert any information

required from Tenderers, including prices].

(g) Performance and productivity of the equipment: [insert one of the following]

(i) Performance and productivity of the equipment. An adjustment representing the

capitalized cost of additional operating costs over the life of the goods will be

added to the Bid price, for evaluation purposes if specified in the TDS 33.6. The

adjustment will be evaluated based on the drop in the guaranteed performance or

efficiency offered in the Tender below the norm of 100, using the methodology

specified below.

[Insert the methodology and criteria, if applicable]


or

(i) An adjustment to take into account the productivity of the goods offered in the

Tender will be added to the Tender price, for evaluation purposes only, if

specified in TDS 33.6. The adjustment will be evaluated based on the cost per

unit of the actual productivity of goods offered in the Tender with respect to

minimum required values, using the methodology specified below.

[Insert the methodology and criteria if applicable]

(h) Specific additional criteria

[Other specific additional criteria to be considered in the evaluation, and the evaluation method

shall be detailed in TDS 33.6][If specific sustainable procurement technical requirements have

been specified in Section VII- Specification, either state that (i) those requirements will be

evaluated on a pass/fail (compliance basis) or otherwise (ii) in addition to evaluating those

requirements on a pass/fail (compliance basis), if applicable, specify the monetary adjustments to

be applied to Tender Prices for comparison purposes on account of Tenders that exceed the

specified minimum sustainable procurement technical requirements.]

2. Criteria to conclude a Framework Agreement(s) (ITT 37)

[Select the appropriate option and add such additional criteria, as is appropriate]

Criteria for a Single-Supplier Framework Agreement:

The Procurement Entity will conclude the Framework Agreement with the Tenderer that

meets the qualification criteria and whose Tender has been determined to be:

(a) substantially responsive to the Tender document; and

(b) the lowest evaluated cost [, and]

(c) [Insert any additional criteria e.g. criteria related to selection based on a geographic

spread of Suppliers.]

OR

Criteria for a Multi-Supplier Framework Agreement:

The Procurement Entity will conclude Framework Agreements with the Tenderers that

meet the qualification criteria and whose Tenders have been determined to be substantially

responsive as follows;

(a) All Tenderers shall be ranked in terms of evaluated cost(s), with the first ranked being

the lowest evaluated cost, the second ranked being the second lowest evaluated cost,

and so on.


(b) The Procurement Entity will conclude an FWA with:

(i) All the Tenderers ranked in (a) above if no maximum number of suppliers is

specified in TDS ITT 1.2 (l).

(ii) the Tenderers ranked first up to the maximum number of suppliers (y) specified

in the TDS ITT 1.2 (l).

(c) If the number of Tenderers is less than the minimum (x) specified in the TDS ITT 1.2

(l), the Procurement Entity may decide to invite new Tenders. Alternatively, the

Procurement Entity may conclude the FWA with all those Tenderers where, an

insufficient number of Tenders are received, or an insufficient number of Tenders

meet the criteria for conclusion of Framework Agreements.

(d) [Insert any additional criteria e.g. criteria related to selection based on a spread of

geographic locations.]

3. Post Qualification Criteria (ITT 35)

After determining the substantially responsive Tender which offers the lowest-evaluated cost

in accordance with ITT 34, the Procurement Entity shall carry out the post-qualification of

the Tenderer in accordance with ITT 35, using only the requirements specified.

Requirements not included in the text below shall not be used in the evaluation of the

Tenderer’s qualifications.

(a) The Procurement Entity will determine to its satisfaction whether the Tenderer selected

as having submitted the lowest evaluated responsive Tender is qualified to satisfactorily

perform the Contract.

(b) The determination will take into account the Tenderer’s financial, technical and

production capabilities/ resources. It will be based upon an examination of the

documentary evidence of the Tenderer’s qualifications submitted by the Tenderer, as well

as such other information as the Procurement Entity deems necessary and appropriate.

(c) An affirmative determination will be a prerequisite for award of the Contract to the

Tenderer. A negative determination will result in rejection of the Tenderer’s Tender, in

which event the Procurement Entity will proceed to the next lowest evaluated Tender to

make a similar determination of that Tenderer’s capabilities to perform satisfactorily.

Section IV – Tender Forms 40

Section IV - Tender Forms

Table of Forms

Letter of Tender ...................................................................................................................... 41

Tenderer Information Form .................................................................................................... 45

Tenderer’s JV Members Information Form ............................................................................ 46

Price Schedule Forms ............................................................................................................. 47

Manufacturer’s Authorization ................................................................................................. 58

Form of Tender-Securing Declaration .................................................................................... 59


Letter of Tender

Primary Procurement - Framework Agreement Goods

INSTRUCTIONS TO TENDERERS: DELETE THIS BOX ONCE YOU HAVE

COMPLETED THE DOCUMENT

The Tenderer must prepare this Letter of Tender on stationery with its letterhead clearly

showing the Tenderer’s complete name and business address.

Note: All italicized text is to help Tenderers in preparing this form.

Framework Agreement - Goods

Date of this Tender submission: [insert date (as day, month and year) of Tender

submission]

Invitation for Tender No.: [insert identification]

Alternative No.: [insert identification No if this is a Tender for an alternative]

To: [insert complete name of Procurement Entity]

(a) No reservations: We have examined and have no reservations to the IFT document,

including addenda issued in accordance with Instructions to Tenderers (ITT 8);

(b) Eligibility: We meet the eligibility requirements and have no conflict of interest in

accordance with ITT 4;

(c) Eligible Goods and Related Services: If we conclude a Framework Agreement, the

Goods and Related Services that we may supply under a Call-off Contract awarded

under the Framework Agreement, shall be sourced from an eligible country in

accordance with ITT 5. The Goods and Related Services shall be sourced from [insert

name of the country(ies)]

(d) Tender Securing Declaration: [select OPTION 1 or 2 as applicable]

OPTION 1

“We have neither been suspended nor declared ineligible by the Procurement Entity(ies)

based on execution of a Tender-Securing Declaration in Ghana with ITT 19 or

OPTION 2

“We have been suspended or declared ineligible by the following entities based on

execution of a Tender-Securing Declaration or Proposal-Securing Declaration in the

Procurement Entity’s Country in accordance with ITT 19 [insert name of entities]”;


(e) Conformity: We offer to supply, in conformity with the IFT document and in accordance

with Section V- Schedule of Requirements, the following Goods: [insert a brief description

of the Goods and Related Services];

(f) Tender Price: [Select one of the following four options with respect to Tender Price]

For Multi Supplier FWA

OPTION 1- [If range of Call-off quantities is provided by the Procurement Entity in the Price

Schedules]

“The unit price/s of our Tender excluding any discounts offered in item (g) below is [insert

the unit price/s of the Tender in words and figures, against the range of quantities provided

by the Procurement Entity in the Price Schedules in the table below”

OPTION 2- [If estimated quantities over FWA period is provided by the Procurement Entity

in the Price Schedules]

“The total price of our Tender, excluding any discounts offered in item (g) below is: [insert

the total price of the Tender in words and figures, indicating the various amounts and the

respective currencies”

For Single Supplier FWA

OPTION 3- [For Single Lot]

“The total price of our Tender, excluding any discounts offered in item (f) below is: [insert

the total price of the Tender in words and figures, indicating the various amounts and the

respective currencies”

Item No. Description Range of

Quantities

Tender Unit

Price and

Currency

1. … … - …

… - …

… - …

2. …

3. …


OPTION 4 - [For Multiple Lots]

“The total price of each lot [insert the total price of each lot in words and figures,

indicating the various amounts and the respective currencies]; and (b) Total price of all

lots (sum of all lots) [insert the total price of all lots in words and figures, indicating the

various amounts and the respective currencies]”

(g) Unconditional Discounts: The unconditional discounts offered are: [Specify in detail

each unconditional discount offered.]

The exact method of calculations to determine the net price after application of

unconditional discounts is shown below: [Specify in detail the method that shall be used

to apply the discounts];

(h) Tender Validity Period: Our Tender shall be valid for the period specified in TDS

18.1 (as amended, if applicable) from the date fixed for the Tender submission deadline

specified in TDS 22.1 (as amended, if applicable), and it shall remain binding upon us

and may be accepted at any time before the expiration of that period;

(i) Performance Security: If our Tender is accepted and we conclude a Framework

Agreement, we understand that we may be required, as a condition of a subsequent

Call-off Contract, to obtain a performance security;

(j) One Tender per Tenderer: We are not submitting any other Tender(s) as an individual

Tenderer, and we are not participating in any other Tender(s) as a Joint Venture

member, or as a subcontractor, and meet the requirements of ITT 4.5;

(k) Suspension and Debarment: We, along with any of our subcontractors, suppliers,

consultants, manufacturers, or service providers for any part of the contract, are not

subject to, and not controlled by any entity or individual that is subject to, a temporary

suspension or a debarment imposed by the PPA;

(l) State-Owned Enterprise or Institution: [select the appropriate option and delete the

other] [We are not a state-owned enterprise or institution] / [We are a state-owned

enterprise or institution but meet the requirements of ITT 4.2];

(m) Not Bound to Procure: We understand that there is no obligation on the Procurement

Entity(ies) to procure any Goods, and/or Related Services from any FWA Supplier during

the Term of the Framework Agreement.

(n) No expectation of Call-off Contract: We confirm that no undertaking or any form of

statement, promise, representation or obligation has been made by the Procurement Entity

in respect of the total quantities or value of the Goods that may be ordered by it, or any

participating Procurement Entity(ies), in accordance with this Framework Agreement. We

acknowledge and agree that we have not submitted this Tender on the basis of any such

undertaking, statement, promise or representation. If we conclude a Framework Agreement,

we have no legitimate expectation of being awarded a Call-off Contract under the

Framework Agreement.


(o) Not Bound to Accept: In relation to this Primary Procurement, we understand that you are

not bound to accept any Tender that you may receive.

(p) Fraud and Corruption: We hereby certify that we have taken steps to ensure that no

person acting for us or on our behalf engages in any type of Fraud and Corruption.

Name of the Tenderer: *[insert complete name of the Tenderer]

Name of the person duly authorized to sign the Tender on behalf of the Tenderer:

**[insert complete name of person duly authorized to sign the Tender]

Title of the person signing the Tender: [insert complete title of the person signing the

Tender]

Signature of the person named above: [insert signature of person whose name and

capacity are shown above]

Date signed [insert date of signing] day of [insert month], [insert year]

* In the case of the Tender submitted by a Joint Venture specify the name of the Joint Venture as Tenderer. ** Person signing the Tender shall have the power of attorney given by the Tenderer. The power of attorney shall be attached with the

Tender Schedules.


Tenderer Information Form

Primary Procurement - Framework Agreement Goods

[The Tenderer shall fill in this Form in accordance with the instructions indicated below. No

alterations to its format shall be permitted and no substitutions shall be accepted.]

Date: [insert date (as day, month and year) of Tender submission]

Package No.: [insert number of IFT process]

Page ________ of_ ______ pages

1. Tenderer’s Name [insert Tenderer’s legal name]

2. In case of JV, legal name of each member: [insert legal name of each member in JV]

3. Tenderer’s actual or intended country of registration: [insert actual or intended country of

registration]

4. Tenderer’s year of registration: [insert Tenderer’s year of registration]

5. Tenderer’s Address in country of registration: [insert Tenderer’s legal address in country of

registration]

6. Tenderer’s Authorized Representative Information

Name: [insert Authorized Representative’s name]

Address: [insert Authorized Representative’s Address]

Telephone: [insert Authorized Representative’s telephone]

Email Address: [insert Authorized Representative’s email address]

7. Attached are copies of original documents of [check the box(es) of the attached original

documents]

Articles of Incorporation (or equivalent documents of constitution or association), and/or

documents of registration of the legal entity named above, in accordance with ITT 17

In case of JV, letter of intent to form JV or JV agreement, in accordance with ITT 4.3.

In case of state-owned enterprise or institution, in accordance with ITT 4.2 documents

establishing:

• Legal and financial autonomy

• Operation under commercial law

• Establishing that the Tenderer is not under the supervision of the Procurement Entity.

8. Included are the organizational chart, a list of Board of Directors, and the beneficial

ownership.


Tenderer’s JV Members Information Form Primary Procurement - Framework Agreement Goods

[The Tenderer shall fill in this Form in accordance with the instructions indicated below.

The following table shall be filled in for the Tenderer and for each member of a Joint

Venture]].

Date: [insert date (as day, month and year) of Tender submission]

Package No.: [insert number of IFT process]

Page ________ of_ ______ pages

1. Tenderer’s Name: [insert Tenderer’s legal name]

2. Tenderer’s JV Member’s name: [insert JV’s Member legal name]

3. Tenderer’s JV Member’s country of registration: [insert JV’s Member country of

registration]

4. Tenderer’s JV Member’s year of registration: [insert JV’s Member year of registration]

5. Tenderer’s JV Member’s legal address in country of registration: [insert JV’s Member

legal address in country of registration]

6. Tenderer’s JV Member’s authorized representative information

Name: [insert name of JV’s Member authorized representative]

Address: [insert address of JV’s Member authorized representative]

Telephone numbers: [insert telephone numbers of JV’s Member authorized

representative]

Email Address: [insert email address of JV’s Member authorized representative]

7. Attached are copies of original documents of [check the box(es) of the attached original

documents]

Articles of Incorporation (or equivalent documents of constitution or association),

and/or registration documents of the legal entity named above, in accordance with ITT

17.

In case of a state-owned enterprise or institution, documents establishing legal and

financial autonomy, operation in accordance with commercial law, and that they are

not under the supervision of the Procurement Entity, in accordance with ITT 4.2.

8. Included are the organizational chart, a list of Board of Directors, and the beneficial

ownership.


Price Schedule Forms

[Note to the Procurement Entity:

Two set of Price Schedule templates are provided for Multi-Supplier based on range of Call-

off quantities and Single-Supplier FWA based on estimated quantities over the FWA period

respectively. The Procurement Entity shall use either one of the sets depending on the type of

FWA and delete the other.

For Multi-Supplier FWA, if the Procurement Entity find it to be more appropriate to provide

estimated quantities over the FWA period instead of range of quantities for individual Call-

offs, use the set of tables for single supplier FWA.]

[The Tenderer shall fill in these Price Schedule Forms in accordance with the instructions

indicated. The list of line items in column 1 of the Price Schedules shall coincide with the List

of Goods and Related Services specified by the Procurement Entity in the Schedule of

Requirements.]


Multi-Supplier FWA- Price Schedule: Goods Manufactured Outside

Ghana, to be Imported

Date: _________________________

Package No: _____________________ Page N ______ of ______

1 2 3 4 5 6

Line

Item N

Description of Goods Country of Origin Delivery Period as

defined by Incoterms

Indicative Quantity and physical unit per individual

Call-off

Unit price DDP [insert place

of destination]in accordance with ITT 14.7(b)(i)

Minimum Maximum

[insert

number of the

item]

[insert name of good] [insert country of

origin of the Good]

[insert the Delivery

Period]

[insert number of units

to be supplied and name of the physical unit]

[insert number of units to be

supplied and name of the physical unit]

[insert unit price DDP per line

item

Name of Tenderer [insert complete name of Tenderer]

Signature of Tenderer [signature of person signing the Tender]

Date [Insert Date]

Note to the Procurement Entity:

• Information for columns 1, 2, 4, and 5 to be inserted by the Procurement Entity

• If the items comprise of sub-items, insert the corresponding sub-item information and ensure that the range of quantities for sub-items is the same as the range

of quantities for items otherwise evaluation becomes difficult. If there is a necessity to have different range of quantities, treat them as separate items.

• Indicate multiple ranges for each item as applicable

• If the final destinations are known at the time of issuance of the tender document for primary procurement process add a column requesting “price per line

item for inland transportation and other Related Services required in the Procurement Entity’s Country to convey the Goods to their final destination specified

in TDS


Multi-Supplier FWA- Price Schedule: Goods Manufactured Outside

Ghana, already Imported

Date: _________________________


1 2 3 4 5 6 7 8 9 Line Item

N

Description of Goods

Country of Origin

Delivery Period as

defined by

Incoterms

Indicative Quantity and physical unit per individual

Call-off

Unit price including Custom Duties and

Import Taxes paid,

in accordance with ITT 14.7(c)(i)

Custom Duties and Import Taxes paid per

unit in accordance

with ITT 14.7(c)(ii), [to be supported by

documents]

Unit Price net of custom duties and

import taxes, in

accordance with ITT 14.7 (c) (iii)

(Col. 6 minus Col.7)

Sales and other taxes paid or payable per item if

Framework Agreement is

concluded (in accordance with ITT 14.7(c)(iv)

Minimum Maximum

[insert number of

the item]

[insert name of Goods]

[insert country of

origin of

the Good]

[insert Delivery

Period]

[insert number of

units to be

supplied and name of the

physical unit]

[insert number of units to be

supplied and

name of the physical unit

[insert unit price per unit]

[insert custom duties and taxes paid per

unit]

[insert unit price net of custom duties and

import taxes]

[insert sales and other taxes payable per item if Framework

Agreement is concluded]

Name of Tenderer [insert complete name of Tenderer] Signature of Tenderer [signature of person signing the Tender] Date [insert date]



• If the items comprise of sub-items, insert the corresponding sub-item information and ensure that the range of quantities for sub-items is the same as the

range of quantities for items otherwise evaluation becomes difficult. If there is a necessity to have different range of quantities, treat them as separate items.


• If the final destinations are known at the time of issuance of the tender document for primary procurement process add a column requesting “price per line

item for inland transportation and other Related Services required in the Procurement Entity’s Country to convey the Goods to their final destination

specified in TDS

• [For previously imported Goods, the quoted price shall be distinguishable from the original import value of these Goods declared to customs and shall

include any rebate or mark-up of the local agent or representative and all local costs except import duties and taxes, which have been and/or have to be

paid by the Procurement Entity. For clarity, the Tenderers are asked to quote the price including import duties, and additionally to provide the import

duties and the price net of import duties which is the difference of those values.]


Multi-Supplier FWA- Price Schedule: Goods Manufactured in Ghana Date: _________________________

Package No: _____________________

Page N ______ of ______

1 2 3 4 5 6

Line

Item No. Description of Goods Delivery

Period as

defined by

Incoterms

Indicative Quantity and physical unit Unit price EXW Sales and other taxes payable

per line item if Framework

Agreement is concluded (in

accordance with ITT

14.7(a)(ii)

Minimum Maximum

[insert total

price per

item]

[insert name of Good] [insert

Delivery

Period]

[insert number

of units to be

supplied and

name of the

physical unit]

[insert number of

units to be

supplied and name

of the physical

unit]

[insert EXW unit

price]

[insert sales and other taxes

payable per line item if

Framework Agreement is

concluded]




• If the items comprise of sub-items, insert the corresponding sub-item information and ensure that the range of quantities for sub-items is the same as

the range of quantities for items otherwise evaluation becomes difficult. If there is a necessity to have different range of quantities, treat them as

separate items.


• If the final destinations are known at the time of issuance of the tender document for primary procurement process add a column requesting “price per

line item for inland transportation and other Related Services required in the Procurement Entity’s Country to convey the Goods to their final

destination specified in TDS


Multi-Supplier FWA- Price and Completion Schedule - Related Services Date: _________________________


1 2. 3 4 5 6 7 Item No. Item Description Indicative Quantity and physical

unit

Description of Services (excludes inland

transportation and other Related Services

required in the Procurement Entity’s

Country to convey the Goods to their

final destination)

Country of Origin Related Service

Completion Period

Unit price

Minimum

Maximum

[insert

item

number]

Insert name of Good insert number

of units to be


physical unit]

insert number

of units to be


physical unit]

[insert name of Service] [insert country of

origin of the

Services]

[insert Related Service

Completion Period per

item]

[insert unit price per item]



• Information for columns 1, 2, 3, 4, and 6 to be inserted by the Procurement Entity

• If the items comprise of sub-items, insert the corresponding sub-item information and ensure that the range of quantities for sub-items is the same as the

range of quantities for items otherwise evaluation becomes difficult. If there is a necessity to have different range of quantities, treat them as separate

items.


• The estimated quantities or range of quantities of the items in this table shall be the same as the those specified for the supply portion in the preceding

tables.


Multi-Supplier FWA- Price Schedule Summary

Date: _________________________

Package No: _____________________

Page N ______ of ______

1 2 3 4 5 6

Item No Description of Goods Indicative Quantity and physical

unit

Tender Unit

Price Supply

portion

Tender Unit Price

Related Services

Total Tender Unit

Price

(4+5) Minimum Maximum

[insert

Item No.]

[insert name of Good] [insert

number of

units to be

supplied and

name of the

physical unit]

[insert number

of units to be

supplied and

name of the

physical unit]

[insert unit

price]

[insert unit price] [insert total Tender

unit price]

Name of Tenderer [insert complete name of Tenderer] Signature of Tenderer [signature of person

signing the Tender] Date [insert date]


• Information for columns 1, 2, and 3 to be inserted by the Procurement Entity

• If the items comprise of sub-items, insert the corresponding sub-item information and ensure that the range of quantities for sub-items is the

same as the range of quantities for items otherwise evaluation becomes difficult. If there is a necessity to have different range of quantities,

treat them as separate items.


• If the final destinations are known at the time of issuance of the tender document for primary procurement process add a column requesting

“price per line item for inland transportation and other Related Services required in the Procurement Entity’s Country to convey the Goods to

their final destination specified in TDS


Single-Supplier FWA- Price Schedule: Goods Manufactured Outside

Ghana, to be Imported

Date: _________________________


1 2 3 4 5 6 7 Line

Item

N

Description of Goods Country of Origin Delivery

Period as


Estimated Quantity

over FWA period

and physical unit

Unit price

DDP [insert place of

destination] in accordance with

ITT 14.7(b)(i)

DDP Price per line item

(Col. 5x6)

[insert

number of the

item]

[insert name of good] [insert country of

origin of the Good] [insert quoted

Delivery Date]

[insert number of

units to be supplied and name of the

physical unit]

[insert unit price

DDP per unit] [insert total DDP price per

line item]

Total Price


• If there are more than one Lot, insert a separate table for each Lot






Single-Supplier FWA- Price Schedule: Goods Manufactured Outside

Ghana, already imported*

Date: _________________________


1 2 3 4 5 6 7 8 9 10 Line

Item

N

Description of Goods Country of

Origin

Delivery

Period as


Estimated

Quantity over

FWA period and physical

unit

Unit price

including

Custom Duties and Import

Taxes paid, in

accordance with ITT

14.7(c)(i)

Custom Duties

and Import

Taxes paid per unit in

accordance with

ITT 14.7(c)(ii), [to be supported

by documents]

Unit Price net

of custom

duties and import taxes, in

accordance

with ITT 14.7 (c) (iii)

(Col. 6 minus

Col.7)

Price per line

item net of

Custom Duties and Import

Taxes paid, in

accordance with ITT 14.7(c)(i)

(Col. 58)

Sales and other

taxes paid or

payable per item if Contract is

awarded (in

accordance with ITT 14.7(c)(iv)

[insert number

of the

item]

[insert name of Goods] [insert country of

origin of the

Good]

[insert quoted Delivery

Date]

[insert number of

units to be


physical unit]


[insert custom duties and taxes

paid per unit]

[insert unit price net of

custom duties

and import taxes]

[ insert price per line item net of

custom duties

and import taxes]


payable per item

if Contract is awarded]

Total Price







* [For previously imported Goods, the quoted price shall be distinguishable from the original import value of these Goods declared to customs and shall

include any rebate or mark-up of the local agent or representative and all local costs except import duties and taxes, which have been and/or have to be

paid by the Procurement Entity. For clarity, the Tenderers are asked to quote the price including import duties, and additionally to provide the import

duties and the price net of import duties which is the difference of those values.]


Single-Supplier FWA- Price Schedule: Goods Manufactured in Ghana Date: _________________________


1 2 3 4 5 6 7 Line Item

N

Description of Goods Delivery Period

as defined by Incoterms

Indicative

Quantity over FWA period and

physical unit

Unit price

EXW Total EXW price per

line item

(Col. 45)

Sales and other taxes payable

per line item if Contract is awarded (in accordance with

ITT 14.7(a)(ii)

[insert

number of

the item]

[insert name of Good] [insert quoted

Delivery Date]

[insert number of

units to be


physical unit]

[insert EXW

unit price] [insert total EXW price

per line item]


payable per line item if

Contract is awarded]

Total Price




• Information for columns 1, 2, 3, and 4, to be inserted by the Procurement Entity

• If the final destinations are known at the time of issuance of the tender document for primary procurement process add a column requesting “price

per line item for inland transportation and other Related Services required in the Procurement Entity’s Country to convey the Goods to their final

destination specified in TDS


Single- Supplier FWA- Price and Completion Schedule - Related Services

Date: _________________________


1 2 3 4 5 6 7 8

Item No. Item Description Estimated Quantity over the

FWA period and physical unit

Description of Services (excludes

inland transportation and other Related Services required in the

Procurement Entity’s Country to

convey the Goods to their final destination)

Country of

Origin

Related Service

Completion Period

Unit price Total Price per Item

(Col. 3*7 or estimate)

[insert

item

number]

Insert name of Good insert number of units to be


physical unit]

[insert name of Service] [insert country

of origin of the

Services]

[insert Related Service

Completion Period per

item]

[insert unit

price per item] insert total price per

item]

Total Price




Information for columns 1, 2, 3, 4, and 6 to be inserted by the Procurement Entity


Manufacturer’s Authorization

Date:

To: [name of the Procurement Entity]

WHEREAS [name of the Manufacturer] who are established and reputable manufacturers of

[name and/or description of the goods] having factories at [address of factory]

I hereby authorize [name and address of Agent] to submit a Tender, and subsequently

negotiate and sign the Contract with you against Package No. [reference of the Invitation to

Tender] for the above goods manufactured by us.

We hereby extend our full guarantee and warranty as per Clause 15 of the General

Conditions of Call-off Contract for the goods offered for supply by the above firm against

this Invitation for Tenders.

_______________________________________________________

[signature for and on behalf of Manufacturer]

Note: This letter of authority should be on the letterhead of the Manufacturer and should be

signed by a person competent and having the power of attorney to bind the

Manufacturer. It should be included by the Tenderer in its Tender.

Section V – Schedule of Requirements 59

Form of Tender-Securing Declaration

[The Tenderer shall fill in this Form in accordance with the instructions indicate .]

Date: [insert date (as day, month and year) of Tender Submission]

IFT No.: [insert number of Tendering process]

Alternative No.: [insert identification No if this is a Tender for an alternative]

To: [insert complete name of Purchaser]

We, the undersigned, declare that:

1. We understand that, according to your conditions, tender must be supported by a

Tender -Securing Declaration.

2. We accept that we will automatically be suspended from being eligible for Tendering

in any contract with the Purchaser for the period of time of [insert number of months or years]

starting on [insert date], if we are in breach of our obligation(s) under the tender conditions,

because we:

(a) have withdrawn our Tender during the period of tender validity specified in the Tender

Data Sheet; or

(b) having been notified of the acceptance of our Tender by the Purchaser during the period

of tender validity, (i) fail or refuse to execute the Contract, if required, or (ii) fail or

refuse to furnish the Performance Security, in accordance with the ITT.

3. We understand this Tender Securing Declaration shall expire if we are not the

successful Tenderer, upon the earlier of (i) our receipt of a copy of your notification of the

name of the successful Tenderer; or (ii) twenty-eight days after the expiration of our Tender

4. We understand that if we are a Joint Venture, the Tender Securing Declaration must be

in the name of the Joint Venture that submits the Tender. If the Joint Venture has not been

legally constituted at the time of tendering, the Tender Securing Declaration shall be in the

names of all future partners as named in the letter of intent.

Signed: [insert signature of person whose name and capacity are shown]

In the capacity of [insert legal capacity of person signing the Tender Securing Declaration]

Name: [insert complete name of person signing the Tender Securing Declaration]

Duly authorized to sign the bid for and on behalf of: [insert complete name of Tenderer]

Dated on ____________ day of __________________, _______ [insert date of signing]

Section V - Schedule of Requirements 60

Section V - Schedule of Requirements and

Related Services

Section V - Schedule of Requirements 61

Notes for Preparing the Estimate Schedule of

Requirements

The Estimate Schedule of Requirements shall be included in the IFT document by the

Procurement Entity, and shall cover, at a minimum, a description of the Goods and Related

Services, indicative quantities that may be supplied under a Framework Agreement/s, Delivery

Periods named place/s of destination, final place/s of destination (if known) and estimated

requirements for Related Services, if any.


Estimated Schedule of Requirements- Supply of Goods

Line

Item

N

Description of

Goods

Physical

unit

Indicative Quantity per Specified

Period [e.g. Year/Quarter etc.] [if

applicable]

Indicative total

Quantity required

over the term of

the FWA

Delivery

Period** as

per

Incoterms

Named

Place/s of

Destination

Final Place/s of

Destination

(Project Site) [if

known]

Period 1 Period 2 Period 3


* If the primary procurement is packages in Lots, group items under the respective Lots

** “Delivery Period” is the specified period from the date of formation of a Call-off contract for delivery of the Goods as

per the applicable Incoterms.


Estimated Schedule of Requirements- Related Services*

1 2. 4

Item No. Item Description Description of Services in accordance with

the Estimated List of Goods and Delivery

Schedule (excludes inland transportation

and other Related Services required in the

Procurement Entity’s Country to convey the

Goods to their final destination)

Place/s where Services will be performed (if

known)

[insert item number]

Insert name of Good [insert name of Service]

Section VI - Technical Specifications 65

Section VI - Technical Specifications

The purpose of the Technical Specifications (TS), is to define the technical characteristics of

the Goods and Related Services required by the Procurement Entity. The Procurement Entity

shall prepare the detailed TS take into account that:

• The TS constitute the benchmarks against which the Procurement Entity will verify the

technical responsiveness of Tenders and subsequently evaluate the Tenders. Therefore,

well-defined TS will facilitate preparation of responsive Tenders by Tenderers, as well as

examination, evaluation, and comparison of the Tenders by the Procurement Entity.

• The TS shall require that all Goods and materials to be incorporated in the Goods be new,

unused, and of the most recent or current models, and that they incorporate all recent

improvements in design and materials, unless provided for otherwise in the contract.

• The TS shall make use of best practices. Samples of specifications from successful similar

procurements in the same country or sector may provide a sound basis for drafting the TS.

• Standardizing technical specifications may be advantageous, depending on the complexity

of the Goods and the repetitiveness of the type of procurement. Technical Specifications

should be broad enough to avoid restrictions on workmanship, materials, and equipment

commonly used in manufacturing similar kinds of Goods.

• Standards for equipment, materials, and workmanship specified in the IFT document shall

not be restrictive. Recognized international standards should be specified as much as

possible. Reference to brand names, catalogue numbers, or other details that limit any

materials or items to a specific manufacturer should be avoided as far as possible. Where

unavoidable, such item description should always be followed by the words “or

substantially equivalent.”

• Technical Specifications shall be fully descriptive of the requirements in respect of, but not

limited to, the following:

(a) Standards of materials and workmanship required for the production and

manufacturing of the Goods.

(b) Any sustainable procurement technical requirements shall be clearly specified.

The sustainable procurement requirements shall be specified to enable evaluation

of such a requirement on a pass/fail basis. To encourage Tenderers’ innovation in

addressing sustainable procurement requirements, as long as the Tender

evaluation criteria specify the mechanism for monetary adjustments for the

purpose of Tender comparisons, Tenderers may be invited to offer Goods that

exceeds the specified minimum sustainable procurement requirements.

(c) Detailed tests required (type and number).

(d) Other additional work and/or Related Services required to achieve full

delivery/completion.

Section VI – Technical Specifications 66

(e) Detailed activities to be performed by the Supplier, and any relevant activities by

the Procurement Entity.

(f) List of detailed functional guarantees covered by the Warranty and the

specification of the liquidated damages to be applied in the event that such

guarantees are not met.

[The TS shall specify all essential technical and performance characteristics and

requirements, including guaranteed or acceptable maximum or minimum values, as

appropriate. Whenever necessary, the Procurement Entity shall include an additional ad-hoc

Tender form (to be an Attachment to the Letter of Tender), where the Tenderer shall provide

detailed information on such technical performance characteristics in respect to the

corresponding acceptable or guaranteed values.]

[When the Procurement Entity requests that the Tenderer provides in its Tender a part or all

of the Technical Specifications, technical schedules, or other technical information, the

Procurement Entity shall specify in detail the nature and extent of the required information

and the manner in which it has to be presented by the Tenderer in its Tender.]

[If a summary of the Technical Specifications (TS) has to be provided, the Procurement Entity

shall insert information in the table below. The Tenderer shall prepare a similar table to justify

compliance with the requirements]

Summary of Technical Specifications. The Goods and Related Services shall comply with

following Technical Specifications and Standards:

Item No Name of Goods or

Related Service

Technical Specifications and Standards

[insert item No] [insert name] [insert TS and Standards]

Detailed Technical Specifications and Standards [insert whenever necessary].

[Insert detailed description of TS]


Drawings

This IFT document includes [insert “the following” or “no”] drawings.

[If documents shall be included, insert the following List of Drawings]

List of Drawings

Drawing No.

Drawing Name

Purpose


Inspections and Tests

The following inspections and tests shall be performed: [insert list of inspections and tests]

Section VII – Framework Agreement Forms

Section VII - Framework Agreement Forms

Contents

Notification to Conclude a Framework Agreement ................................................................ 71

Section VII - Framework Agreement Forms 71

Notification to Conclude a Framework

Agreement

[Use letterhead paper of the Procurement Entity]

[Date]

To: [name and address of successful Tenderer]

Notification to Conclude a Framework Agreement

Framework Agreement No. [insert FWA reference number]

This is to notify you that your Tender dated [insert date] to conclude a Framework

Agreement in relation to the supply of [insert short title for Goods] is hereby accepted by

our Entity.

Please sign, date and return the Framework Agreement within [insert the applicable period for

signing of the FWA in accordance of the ITT] days of receipt of the same.

Authorized Signature:

Name:

Title/position:

Name of Entity:

Telephone:

Email:

Attachment: Framework Agreement


A. Framework Agreement Form

[This form is to be completed by the Procurement Entity in accordance with the instructions

provided in italicized text. The italicized text should be deleted from the final document.

Note: the terminology in relation to the parties to the Framework Agreement changes from

the terminology used in relation to the parties involved in the IFT Primary Procurement

process. In the Primary Procurement process the Procurement Entity is responsible for

establishing the FWA(s). However, the parties to the FWA will be the “Procurement Entity

(ies)” and, where appropriate, a “Lead Procurement Entity” or a “Procurement Agent”

acting on behalf of a Procurement Entity(ies) and responsible for managing and

administering the FWA. In the FWA, the successful Tenderer(s) is called the “Supplier”. This

covers the Supplier’s capacity as both a holder of an FWA and as a Supplier under a Call off

Contract.]

This Framework Agreement [insert reference number of the Framework Agreement] is made

for the supply of [ insert brief description of Goods and services]

on the [insert: number] day of [insert: month], [insert: year]

between

[Select one of the three OPTIONS below]

[OPTION 1: for Single User Framework Agreement]

the Procurement Entity (ies) [insert complete name of the Procurement Entity/ies, the

type of legal entity, (for example, “an Entity of the Ministry of the Government of {insert

name of Country of Procurement Entity/ies}”, or “a corporation incorporated under the

laws of Ghana

[OPTION 2: for a Multi-User Framework Agreement with a Lead Procurement Entity that is

responsible for managing and administering the Framework Agreement, and that is also a

Procurement Entity,]

between

the Lead Procurement Entity [insert complete name of the Lead Procurement Entity,

the type of legal entity, or “a corporation incorporated under the laws of Ghana and

having its principal place of business at [insert Lead Procurement Entity’s address] as a

Procurement Entity in its own right under the framework agreement and as the Entity

responsible for the management and administration of the Framework Agreement for use

by the other participating Procurement Entities listed in Section [insert number] to this

Framework Agreement (Procurement Entity(ies)) and


[OPTION 3: for a Multi-User Framework Agreement with an Entity, that is not a

Procurement Entity, but that is responsible for the management and administration of the

Framework Agreement, for use by the Procurement Entities.]

between

the Procurement Agent [insert complete name of the type of legal entity, or “a

corporation incorporated under the laws of Ghana and having its principal place of

business at [insert Procurement Agent’s address] as the Entity responsible for the

management and administration of the Framework Agreement for use by the participating

Procurement Entity listed in Section [insert number] to this Framework Agreement

(Procurement Entity(ies)) and

the Supplier [insert name of the Supplier], a corporation incorporated under the laws of

[insert country of Supplier] and having its principal place of business at [insert Supplier’s

address] (Supplier).

This Framework Agreement is subject to the provisions described in the Sections listed below,

and any amendments.

This Framework Agreement concludes a standing offer by the Supplier to supply the specified

Goods to the Procurement Entity(ies) during the Term of the Framework Agreement, as and

when the Procurement Entity(ies) wishes to procure them, through a Call-off Contract.

The following documents shall be deemed to form and be read and construed as part of this

Framework Agreement and, where indicated, to any Call-off Contract awarded under this


Section VIII: Framework Agreement General Provisions

Section IX: Framework Agreement Specific Provisions

Section X: List of Procurement Entities (if applicable)

IN WITNESS whereof, the Parties to this Framework Agreement have caused this Framework

Agreement to be executed in accordance with the laws of [insert the name of the Framework

Agreement governing law country] on the day, month and year indicated above.

[Select one of the three options below]

[OPTION 1: for Single User Framework Agreement]

“For and on behalf of the Procurement Entity:”

[OPTION 2: for a Multi-User Framework Agreement with a Lead Procurement Entity that is

responsible for managing and administering the Framework Agreement, and that is also a

Procurement Entity]


“For and on behalf of the Lead Procurement Entity:”

[OPTION 3: - for a Multi-User Framework Agreement with an Entity, that is not a

Procurement Entity, but that is responsible for the management and administration of the

Framework Agreement, for use by the participating Procurement Entities.

“For and on behalf of the Procurement Agent”

Signed: [insert signature]

Full name: [name of person signing]

Entity: [insert the name of Entity]

In the capacity of: [insert title or other appropriate designation]

In the presence of [insert identification of official witness]

For and on behalf of the Supplier:

Signed: [insert signature of authorized representative(s) of the Supplier]

Full name: [name of person signing]

In the capacity of: [insert title or other appropriate designation]

In the presence of [insert identification official of witness]

Section VIII: Framework Agreement General Provisions 75

Section VIII: Framework Agreement

General Provisions (FWAGP) [the following text must not be modified by the Procurement Entity.]

Table of Provisions

1 Definitions......................................................................................................................... 76

2 Framework Agreement Documents .................................................................................. 78

3 Supplier’s obligations ....................................................................................................... 78

4 Continued Qualification and Eligibility ............................................................................ 79

5 Term .................................................................................................................................. 79

6 Representative ................................................................................................................... 80

7 Role of Lead Procurement Entity or Procurement Agent ................................................. 80

8 Contract Price.................................................................................................................... 80

9 Performance Security ........................................................................................................ 80

10 Language ........................................................................................................................... 80

11 Notices .............................................................................................................................. 81

12 Fraud and Corruption ........................................................................................................ 81

13 Confidential Information .................................................................................................. 81

14 Governing Law ................................................................................................................. 82

15 Change to the Framework Agreement .............................................................................. 82

16 Termination of the Framework Agreement ...................................................................... 82

17 Consequence of expiry or termination .............................................................................. 82

18 Dispute resolution in relation to this Framework Agreement ........................................... 82

19 Dispute resolution in relation to Call-off Contracts .......................................................... 83


Section VIII

Framework Agreement General Provisions

(FWAGP)

1 Definitions

1.1 The following words and expressions shall have the meanings

hereby assigned to them

(a) “Base Price” is the Framework Agreement (FWA) unit

price prior to any price adjustment in accordance with FWA

Specific Provision FWAGP 8.1.

(b) “Business Day” is any day that is an official working day of

the Procurement Entity. It excludes the Procurement

Entity’s official public holidays.

(c) “Call-off Contract” is a contract awarded under a

Framework Agreement, through a Secondary Procurement

process, for the supply of Goods, and any Related Services.

(d) “Closed Framework Agreement” is where no new firm(s)

may conclude Framework Agreement(s) during the Term of


(e) “Commencement Date” is the date this Framework

Agreement is signed by both parties, being the

commencement of the Term.

(f) “Contract Price” is the price payable to the Supplier as

specified in the Call-off Contract, subject to such additions

and adjustments thereto or deductions therefrom, as may be

made pursuant to the Contract.

(g) “Day” means calendar day.

(h) “Goods” means all goods, materials, items, commodities,

raw material, machinery, equipment, and/or other materials,

as specified in the FWA Specific Provisions, that the

Supplier is required to supply to the Procurement Entity

under a Call-off Contract. Where appropriate, for the

purpose of interpretation, the definition for Goods includes

Related Services.

(i) “In Writing” means communicated or recorded in written

form. It includes, for example: mail, e-mail, or

communication through an electronic procurement system


(provided that the electronic system is accessible, secure,

ensures integrity and confidentiality, and has sufficient audit

trail features).

(j) “Incoterms” means the international commercial terms for

goods published by the International Chamber of Commerce

(ICC).

(k) “Lead Procurement Entity”, when named in the

Framework Agreement, means a party to the Framework

Agreement, as a Procurement Entity in its own right under

the framework agreement and as the Entity responsible for

the management and administration of the Framework

Agreement for use by the other participating Procurement

Entities as specified in the FWA Specific Provisions. All

communications, including notices, in relation to the

Framework Agreement, are to be addressed to the Lead

Procurement Entity. All communications, including notices,

in relation to a Call-off Contract, are to be addressed to the

Procurement Entity named in the Call-off Contract.

(l) “Multi-User Framework Agreement” means a

Framework Agreement where there is more than one

Procurement Entity permitted to Procurement Entity

through a Call-off Contract, as specified in the FWA

Specific Provisions;

(m) “Procurement Agent”, when named in the Framework

Agreement, is a party to the Framework Agreement, but

only in its capacity as the Entity responsible for managing

and administering the Framework Agreement for use by the

participating Procurement Entities. All communications,

including notices, in relation to the Framework Agreement,

are to be addressed to the Procurement Agent.

(n) “Procurement Entity” is the Entity(ies) that is/are

permitted to procure Goods from a Supplier under a Call-off

Contract awarded through a Framework Agreement. Where

appropriate, for the purpose of interpretation of the

Framework Agreement, the term Procurement Entity

includes Lead Procurement Entity, or Procurement Agent.

(o) “Related Services” means the services incidental to the

supply of the Goods, such as insurance, installation,

training, initial maintenance and other such obligations of

the Supplier, excluding inland transportation and other

services required in Ghana to convey the Goods to their final

destination.


(p) “Secondary Procurement” is the method used to select a

Supplier and award a Call-off Contract under this


(q) “Single-User Framework Agreement” means a

Framework Agreement where there is only one Procurement

Entity, as specified in the FWA Specific Provisions.

(r) “Supplier” means the person, private or government entity, or

a combination of the above, who has concluded a Framework

Agreement to supply to a Procurement Entity, from time to

time, and as and when required, the Goods, and, if

applicable, Related Services, under a Call-off Contract.

(s) “Term” means the duration of this Framework Agreement

as described in the FWA Specific Provisions starting on the

Commencement Date.

2 Framework

Agreement

Documents

2.1 This Framework Agreement (FWA) shall be read as a whole.

Where a document is incorporated by reference into this

Framework Agreement, it shall be deemed to form, and be read and

construed, as part of this Framework Agreement.

2.2 This Framework Agreement comprises the documents specified in

the FWA Specific Provisions.

3 Supplier’s

obligations

3.1 The Supplier shall offer to supply (standing offer) to the

Procurement Entity, the Goods, including any Related Services if

applicable, described in the Framework Agreement: Schedule of

Requirements, for the Term of this Framework Agreement, in

accordance with the terms and conditions stipulated in this


3.2 During the Term of the Framework Agreement, the Supplier shall

continue to be eligible and qualified, and the Goods shall continue

to be eligible, as per the qualification and eligibility criteria

stipulated in the Primary Procurement process and the provisions

of sub-paragraphs 3a. to 3c. below The Supplier shall notify the

Procurement Entity immediately, in writing, if it ceases to be

qualified and/or ceases to be eligible, or the Goods cease to be

eligible.

3.3 The Supplier undertakes to supply the Goods under a Call-off

Contract. The Goods supplied shall be:

(a) of the quality, type and as otherwise specified in the

Framework Agreement, Section V: Schedule of

Requirements,


(b) at the Contract Price specified in the Call-off Contract, and

(c) in such quantities, at such times and to such locations as

specified in the Call-off Contract.

3.4 If specified in the FWA Specific Provisions, at any point during

Term of the Framework Agreement should technological advances

be introduced by the Supplier for the Goods originally offered by

the Supplier in its Tender and still to be delivered, the Supplier shall

offer to the Procurement Entity(ies) of the Call-off Contracts the

latest versions of the available Goods having equal or better

performance or functionality at no additional cost to the

Procurement Entity(ies).

3.5 The Supplier agrees that the Call-off Contract General Conditions

of Contract set out in the Framework Agreement, and Call-off

Contract Special Conditions of Contract set out in a Call-off

Contract, shall apply to the supply of Goods.

4 Continued

Qualification

and Eligibility

4.1 The Supplier shall continue to have the nationality of an eligible

country as specified in the FWA Specific Provisions. A Supplier

or subcontractor shall be deemed to have the nationality of a

country if the Tenderer is constituted, incorporated or registered in,

and operates in conformity with, the provisions of the laws of that

country, as evidenced by its articles of incorporation (or equivalent

documents of constitution or association) and its registration

documents, as the case may be.

4.2 All Goods and Related Services to be supplied under a Call-off

Contract shall continue to have their origin in eligible Countries as

specified in the FWA Specific Provisions. For the purpose of this

provision, origin means the country where the Goods have been

grown, mined, cultivated, produced, manufactured, or processed;

or through manufacture, processing, or assembly, another

commercially recognized article results that differs substantially in

its basic characteristics from its components. ineligible Countries,

if any, are listed in the FWA Specific Provisions.

4.3 The Procurement Entity may require, during the Term of the

Framework Agreement, evidence of the Supplier’s continued

qualification and eligibility, and the Goods continued eligibility.

Failure to provide such evidence, as requested, may result in the

Supplier being disqualified from participating in a Secondary

Procurement process, and/or being awarded a Call-off Contract,

and/or the termination of the Framework Agreement.

5 Term 5.1 This Framework Agreement shall commence on the

Commencement Date and, unless terminated earlier in accordance

with the provisions of this Framework Agreement, or the general


law, shall continue until the end of the Term specified in the FWA

Specific Provisions.

6 Representative

6.1 The representatives for each party, who shall be the primary point

of contact for the other party in relation to matters arising from this

Framework Agreement, are specified in the FWA Specific

Provisions. Should the representative be replaced, the party

replacing the representative shall promptly inform the other party

In Writing of the name and contact details of the new

representative. Any representative appointed shall be authorized to

make decisions on the day to day operation of the Framework

Agreement.

7 Role of Lead

Procurement

Entity or

Procurement

Agent

7.1 Where there is a Lead Procurement Entity or Procurement Agent

that is a party to the Framework Agreement, their role is to manage

and administer the Framework Agreement(s) for use by the

participating Procurement Entity (ies). All communications,

including notices, in relation to the Framework Agreement are to

be made to the Lead Procurement Entity or Procurement Agent.

The Lead Procurement Entity or Procurement Agent is responsible

for all matters pertaining to the Framework Agreement including,

for example, amendments, suspension and termination of the

Framework Agreement. For matters relating to individual Call-off

Contracts, all communications, including notices, must be made to

the Procurement Entity named in the Call-off Contract.

7.2 Where no Lead Procurement Entity or Procurement Agent has been

appointed, the named Procurement Entity is responsible for

managing and administering the Framework Agreement and the

provisions in FWAGP 6.1 above, in relation to communications

and notices etc., apply to the Procurement Entity.

8 Contract Price

8.1 The Contract Price for each Call-off Contract shall be determined

as specified in the FWA Specific Provisions.

9 Performance

Security

9.1 The Procurement Entity may require a Performance Security from

the Supplier in relation to the performance of a specific Call-off

Contract. In this event, the Supplier shall comply with the relevant

provisions relating to Performance Security contained in the Call-

off Contract Special Conditions of Contract.

10 Language

10.1 This Framework Agreement, and any Call-off Contract, as well as

all correspondence and documents relating to this Framework

Agreement, and any Call-off Contract, exchanged by the

Procurement Entity and Supplier, shall be written in English


11 Notices

11.1 Any notice given by one party to the other pursuant to this

Framework Agreement shall be In Writing to the address specified

in the FWA Specific Provisions. A notice shall be effective when

delivered, or on the notice’s effective date, whichever is later.

12 Fraud and

Corruption

12.1 The Government of the Republic of Ghana requires that Tenderers

under the contracts financed from public funds, observe the highest

standard of ethics during the procurement and execution of such

contracts. In pursuance of this policy, the following terms shall be

interpreted as indicated:

a. “corrupt practice” means the offering, giving, receiving or

soliciting of anything of value to influence the action of a

public official in the procurement process or in contract

execution; and

b. “fraudulent practice” means a misrepresentation of facts in

order to influence a procurement process or the execution of a

contract, and includes collusive practice among Tenderers

(prior to or after Tender submission) designed to establish

Tender prices at artificial non-competitive levels and to deprive

the benefits of free and open competition;

12.2 The Procurement Entity will reject a proposal for award if it

determines that the Tenderer recommended for award has engaged

in corrupt or fraudulent practices in competing for the contract in

question;

13 Confidential

Information

13.1 The Procurement Entity and the Supplier shall keep confidential

and shall not, without the consent In Writing from the other,

divulge to any third party any documents, data, or other information

furnished directly or indirectly by either party in connection with


13.2 The obligation of a party under FWAGP 13. 1. above, shall not

apply to information that:

(a) now, or in future, enters the public domain through no fault

of that party

(b) can be proven to have been possessed by that party at the

time of disclosure and which was not previously obtained,

directly or indirectly, from the other party

(c) otherwise lawfully becomes available to that party from a

third party that has no obligation of confidentiality.


14 Governing

Law

14.1 This Framework Agreement, and any Call-off Contract, shall be

governed by, and interpreted in accordance with, the laws of

Ghana, unless otherwise specified in the FWA Specific

Provisions, or the Special Conditions of Contract as set out in any

Call-off Contract.

15 Change to the

Framework

Agreement

15.1 Any change to this Framework Agreement, including an extension

of the Term, must be In Writing and signed by both Parties. A

change can be made at any time after this Framework Agreement

has been signed by both Parties, and before it expires.

16 Termination

of the

Framework

Agreement

16.1 The Procurement Entity, without prejudice to any other remedy for

breach of the Framework Agreement, may terminate this

Framework Agreement immediately, by notice In Writing to the

Supplier, if:

(a) in the judgement of the Procurement Entity, the Supplier has

engaged in Fraud and Corruption, or

(b) during the Term of the Framework Agreement, the Supplier

ceases to be qualified or eligible as per FWAGP 4. or

(c) the Supplier purports to assign, or otherwise transfer or

dispose of this Framework Agreement, in whole, or in part,

without the prior written consent of the Procurement

Entity/Lead Entity/Procurement Agent, or

(d) the Supplier becomes bankrupt or otherwise insolvent.

16.2 The Procurement Entity/Lead Entity/Procurement Agent may

terminate this Framework Agreement, in whole or in part, by notice

In Writing sent to the Supplier, at any time, for its convenience. The

notice of termination shall specify that the termination is for the

Procurement Entity/Lead Entity/Procurement Agent’s

convenience, the extent to which the performance of the supplier

under the Framework Agreement is terminated, and the date upon

which such termination becomes effective.

17 Consequence

of expiry or

termination

17.1 Upon expiry, or earlier termination of this Framework Agreement,

all Call-off Contracts entered into under this Framework

Agreement shall continue in full force and effect unless otherwise

terminated under the Call-off Contract General or Specific

Conditions of Contract. However, no further Call off Contracts

shall be awarded once the Framework Agreement is terminated.

18 Dispute

resolution in

relation to this

18.1 In the case of a dispute arising out of, or in connection with this

Framework Agreement, the Parties shall, in good faith, make every


Framework

Agreement

reasonable effort to communicate and cooperate with each other

with a view to amicably resolving the dispute.

18.2 Where parties have exhausted the process described in FWAGP

19.1, the parties may, by mutual agreement, nominate and refer the

dispute to an adjudicator/mediator to assist in the resolution of the

dispute. Parties will meet their own costs associated with such a

referral and split the costs of the adjudicator/mediator. In

appointing the adjudicator/mediator parties should agree whether

or not the adjudicator’s/mediator’s decision is to be final and

binding.

19 Dispute

resolution in

relation to

Call-off

Contracts

19.1 The Procurement Entity/Lead Entity/Procurement Agent and the

Supplier for a Call-off Contract shall make every effort to resolve

amicably by direct informal negotiation any disagreement or

dispute arising between them under or in connection with the

Contract.

19.2 If, after twenty-eight (28) days, the parties have failed to resolve

their dispute or difference by such mutual consultation, then either

the Procurement Entity/Lead Entity/Procurement Agent or the

Supplier may give notice to the other party of its intention to

commence arbitration, as hereinafter provided, as to the matter in

dispute, and no arbitration in respect of this matter may be

commenced unless such notice is given. Any dispute or difference

in respect of which a notice of intention to commence arbitration

has been given in accordance with this provision shall be finally

settled by arbitration. Arbitration may be commenced prior to or

after delivery of the Goods under the Contract. Arbitration

proceedings shall be conducted in accordance with the rules of

procedure specified in the FWA Specific Provisions.

19.3 Notwithstanding any reference to arbitration herein,

(a) the parties shall continue to perform their respective

obligations under the Contract unless they otherwise agree;

and

(b) the Procurement Entity/Lead Entity/Procurement Agent

shall pay the Supplier any monies due the Supplier.

Section IX: Framework Agreement Specific Provisions 84

Section IX: Framework Agreement Specific

Provisions The following Framework Agreement Specific Provisions (FWASP) shall supplement and/or

amend the Framework Agreement General Provisions (FWAGP). Whenever there is a conflict

between the FWAGP and FWASP, the provisions of the FWASP shall prevail.

[This section is to be completed by the Purchasing Entity as per the instructions provided in

italicized text. The italicized text should be deleted from the final document.]

Framework

Agreement

General

Provision

Description

FWAGP 1.1 (i)

Goods

This Framework Agreement relates to the Procurement Entity/Lead

Entity/Procurement Agent and supply, under a separate Call-off

Contract, of [insert short title that describes the type of Goods, and any

Related Services]. The Goods, and Related Services, are more fully

described in Section V: Schedule of Requirements including, where

applicable: list of Goods, list of Related Services and Section VI:

Technical Specifications, Drawings and Inspections and Tests.

FWAGP 1.1 (l),

(m) & (s)

Single/Multi-

User

[state either “This is a Single-User Framework Agreement.” or “This is a

Multi-User Framework Agreement. All participating Procurement

Entities/Lead Entities/Procurement Agents are listed at [insert Section

number]”]

FWAGP 2.2

Framework

Agreement

Documents

This Framework Agreement comprises the following documents.:

a. Framework Agreement, including all Sections,

b. Notice of Conclusion of a Framework Agreement, and

c. Letter of Tender (from Primary Procurement process)

FWAGP 3.4

Supplier’s

Obligations

[For rapidly changing technologies such as information systems

(computers, software, communication technology etc.) specify that this

requirement applies.]

FWAGP 4.

Eligibility

At the present time, firms, goods and services from the following

countries are excluded from this Framework Agreement as being

ineligible.


[[insert a list of the countries following approval by PPA to apply

the restriction or state “none”].]

FWAGP 5.1

Term

The Term of this Framework Agreement is [enter number of years]

years. [NOTE: the maximum Term permissible is 3 years] from the

Commencement Date.

FWAGP 6.1

Representatives

Procurement Entity’s Representatives

Selection one of the following OPTIONS

OPTION 1: for a Single-User Framework Agreement use the following

text]

The name and contact details of the Procurement Entity’s

Representative under this Framework Agreement, and the address

for notices in relation to this Framework Agreement, are:

Name:

Title/position:

Address:

Phone:

Mobile:

E-mail:

OR

[OPTION 2: for a Multi-User Framework Agreement with a Lead

Procurement Entity that is responsible for managing and administering

the Framework Agreement and is also a Procurement Entity insert the

name of the Lead Procurement Entity’s Representative and list all other

participating Procurement Entities’ Representatives:]

The name and contact details of the Lead Procurement Entity under

this Framework Agreement, and the address for notices in relation

to this Framework Agreement, are:

Name:

Title/position:

Address:

Phone:

Mobile:


E-mail:

The Representatives for all other participating Procurement Entities

are listed in Section [insert number] to this Framework Agreement.

OR

[OPTION 3: for a Multi-User Framework Agreement concluded by a

central purchasing authority (that is not also a Procurement Entity)

insert the following]

The name and contact details of the Procurement Agent under this

Framework Agreement, and the address for notices in relation to

this Framework Agreement, are:

Name:

Title/position:

Address:

Phone:

Mobile:

E-mail:

The Representatives for all participating Procurement Entities are

listed in Section [insert number] to this Framework Agreement.

FWAGP 6.1

Representatives

Supplier’s Representatives

The name and contact details of the Supplier’s Representative, for

the purposes of this Framework Agreement, and the address for

notices in relation to this Framework Agreement are:

Name:

Title/position:

Address:

Phone:

Mobile:

E-mail:

FWAGP 8.1

Contract Price

The Contract Price that will apply to the Procurement Entity under a

Call-off Contract shall be: [modify as appropriate]

For Direct Selection:

the Base Price stipulated in the Framework Agreement, subject to

provisions below.


or

For Mini-competition:

the successful competitive quotation subject to the provisions below.

and

any additional price for inland transportation and other services not

included in the Base Price required in Ghana to convey the Goods to

their final destination specified in RFQ.

FWAGP 8.1

Contract Price

Adjustments to the Base Price

[Select one of the two options]

[OPTION 1:

“The Base Price offered by the Supplier, as stipulated in the FWA, or the price

offered after mini-competition, shall apply to the Call-off Contract. The Base

Price shall not be subject to any price adjustment during a Secondary

Procurement, and/or an award of a Call-off Contract.”]

OR

[OPTION 2:

“The Base Price shall be subject to an adjustment as follows:

For Call-off Contracts awarded through a Secondary Procurement method

involving direct selection, (i.e. not awarded through a mini-competition), the

price adjustment below shall be applied to that Supplier’s Base Price to

determine the Call-off Contract Price.

Where a price adjustment applies, it shall be calculated as follows:

P1 = P0 [a + bCPI1 + cFE1] - P0

CPI0 FE0

a+b+c = 1

in which:

P1 = Call-off Contract Price.

P0 = Base Price, as described in the Framework Agreement.

a = fixed element representing profits and overheads included in

the Contract Price.

b = estimated percentage of Consumer Price Index component in

the Contract Price.

c = estimated percentage of Foreign component in the Contract

Price.


CPI0, CPI1 = Consumer Price indices published by the Ghana Statistical

Service applicable for goods and services in Ghana on the base

date and date for adjustment, respectively.

FE0, FE1 = Foreign currency exchange rate between the Ghana Cedi and

United States Dollars, published by the Bank of Ghana on the

base date and date for adjustment, respectively.

The coefficients are as follows:

a = [insert value of coefficient; generally, in the range of 5 to 20 percent]

b = [insert value of coefficient. Recommended range of 5 to 80 percent]

c = [insert value of coefficient. Recommended range of 5 to 80 percent]

Base date = the date twenty-eight (28) days prior to the deadline for

submission of the Tenders in the Primary Procurement process

Date of adjustment = the date of the formation of the Call-off Contract

FWAGP 3.1 &

8.1

Contract Price

if after the date of 28 days prior to date of Tender submission, any law,

regulation, ordinance, order or bylaw having the force of law is enacted,

promulgated, abrogated, or changed in Ghana where the Project Site is

located (which shall be deemed to include any change in interpretation or

application by the competent authorities) that subsequently affects the

Delivery Period and/or the Base Price, then such Delivery Period and/or

Base Price shall be correspondingly increased or decreased, to the extent

that the Supplier has thereby been affected in the performance of any of

its obligations under the Framework Agreement. Notwithstanding the

foregoing, such additional or reduced cost shall not be separately paid or

credited if the same has already been accounted for in the price

adjustment provisions where applicable, in accordance with FWAGP

8.1.

FWAGP 20.2

Dispute

Resolution in

relation to

Call-off

Contract.

The rules of procedure for arbitration proceedings shall be as follows:

a. [describe the proceedings that are to apply e.g.]

The Procurement Entity/Lead Entity/Procurement Agent and the

Supplier shall make every effort to resolve amicably by direct informal

negotiation any disagreement or dispute arising between them under or

in connection with the Contract.

If, after twenty-eight (28) days from the commencement of such

informal negotiations, the Procurement Entity/Lead Entity/Procurement

Agent and the Supplier have been unable to resolve amicably a Contract

dispute, either party may require that the dispute be referred for

resolution to the formal mechanisms specified in the Special Conditions

of Contract. These mechanisms may include, but are not restricted to,

conciliation mediated by a third party, adjudication in an agreed national

or international forum, and/or national and international arbitration.

Section XI: Secondary Procurement Methods 89

PART 2: Secondary Procurement This Section contains the methods and the criteria that the Procurement Entity/Lead

Entity/Procurement Agent shall use to conduct a Secondary Procurement process to select a

Supplier and award a Call-off Contract under this Framework Agreement. No other factors,

methods or criteria shall be used other than specified in this IFT document for the Secondary

Procurement process.

[The Procurement Entity/Lead Entity/Procurement Agent shall select the criteria deemed

appropriate for the Secondary Procurement process, using the samples text provided below or

other acceptable wording, and delete the text in italics.

The Secondary Procurement methodology(ies) to be described in this Section must be consistent

with the Secondary Procurement method(s) set out in the Invitation for Tenders which resulted in

the conclusion of the Framework Agreement.]


Section XI

1. Secondary Procurement Method(s)

The Secondary Procurement method(s) that apply to the selection of a Supplier for the award of a

Call-off Contract under this Framework Agreement [is/are] [insert the types of the Secondary

Procurement Method(s) that apply. This may include methods used as examples below, or any

other method(s) approved by PPA.]:

(i) competitive quotations through mini-competition,

(ii) direct selection based on location, and

(iii) direct selection based on balanced division of supply.

(iv) [add any other applicable method]

The procedure for the application of the procurement methods outlined under paragraph 1 above

are the following.

1.1 Competitive quotations (mini-competition) [delete if not applicable as per paragraph 1

above]

The Procurement Entity/Lead Entity/Procurement Agent will prepare a Request for

Quotation (RFQ) and invite all eligible Suppliers holding a Framework Agreement that

includes the Goods to be procured under the Call-off contract, to submit competitive

quotations.

The RFQ will include:

(a) the Goods, and any Related Services, to be delivered

(b) delivery location(s)

(c) delivery date(s) or schedule

(d) quantity

(e) any additional requirement for inland transportation and other services in Ghana to

convey the Goods to their final destination specified in RFQ not included in the Base

Price,

(f) details of any inspections or tests that are additional to those described in the

Framework Agreement

(g) the criteria to be applied to the evaluation of quotations

(h) the award criteria, e.g.: The Procurement Entity/Lead Entity/Procurement Agent

shall award the Call-off Contract to the Supplier whose Tender(s) has been

determined to be substantially responsive to the RFQ; and the lowest evaluated cost.

(i) deadline for submission of quotations

(j) reference the Call-off Contract Terms and Conditions of supply, which are to apply

to the procurement

(k) request to Suppliers to demonstrate that they continue to be eligible and qualified to

supply the Goods

(l) any other relevant information.


Suppliers are not permitted to quote a price, excluding any additional price for inland

transportation and other services required in Ghana to convey the Goods to their final

destination specified in RFQ not included in the Base Price, that is higher than the Base

Price stated in the Framework Agreement, or as adjusted by the agreed price adjustment

formula, if applicable and any changes in any Laws and Regulations in accordance with

FWAGP 14.1

1.2 Direct selection based on location [delete if not applicable as per paragraph 1 above]

The Procurement Entity/Lead Entity/Procurement Agent will select an eligible Supplier

holding a Framework Agreement, to deliver the Goods, based on which Supplier is best able

to deliver the Goods, and any Related Services, based on the location where the Goods are

to be supplied.

The Procurement Entity/Lead Entity/Procurement Agent will issue a Call-off Contract using

the prices/pricing mechanism set out in the Framework Agreement, or as adjusted by the

agreed price adjustment formula, if applicable and any changes in any Laws and Regulations

in accordance with FWAGP 14.1.

The Procurement Entity/Lead Entity/Procurement Agent will request the Supplier and

include in the Call-off Contract Price the prices for any additional inland transportation and

other related services, not included in the Base Price, in Ghana to convey the Goods to their

final destination.

1.3 Direct selection based on balanced division of supply [delete if not applicable as per

paragraph 1 above]

The Procurement Entity/Lead Entity/Procurement Agent will rotate the award of Call-of

Contracts amongst all eligible Suppliers holding a Framework Agreement, based on a

balanced division of supply linked to an upper limit. The upper limit is: [insert upper limit

in value or quantity].

The first Call-off Contract(s) will be awarded to the Supplier whose Framework Agreement

has the lowest evaluated cost. The first Supplier will continue to be awarded Call-off

Contracts until the total value/quantity of all Call-off Contracts awarded reaches the upper

value/quantity limit.

A second supplier, whose Framework Agreement has the second lowest evaluated cost, will

then be awarded the subsequent Call-off Contracts until the total value/quantity of all Call-

off Contracts awarded reaches the upper value/quantity limit. And so on.

The Procurement Entity/Lead Entity/Procurement Agent will issue a Call-off Contract using

the prices/pricing mechanism set out in the Framework Agreement, or as adjusted by the

agreed price adjustment formula, if applicable and any changes in any Laws and Regulations

in accordance with FWAGP 14.1.

The Procurement Entity/Lead Entity/Procurement Agent will request the Suppliers and

include in the Call-off Contract Price the prices for any additional inland transportation and

other related services, not included in the Base Price, in Ghana to convey the Goods to their

final destination. [add any other applicable method]

Section XII: Formation of Call-off Contract 92

SECTION XII

2. Formation of Call-off Contract

The Procurement Entity/Lead Entity/Procurement Agent shall confirm that the selected Supplier

continues to be qualified and eligible in accordance with Framework Agreement prior to the

formation of the Call-off Contract. The Call-off Contract is formed when one of the following

conditions are met depending on the method of selection used for the Secondary procurement.

[Describe the procedure(s) that applies to the formation of the Call-off Contract. Be specific

e.g.]

2.1 For competitive quotations through mini-competition using a Request for Quotation,

the Call-off contract if formed when: [select one of the three Options]

OPTION 1

“the Procurement Entity/Lead Entity/Procurement Agent issues, the Letter of Award

of Call-off Contract to the successful Supplier.” [add if applicable: “Following the

formation of contract, through offer and acceptance, the Procurement Entity/Lead

Entity/Procurement Agent and Supplier shall sign a Call-off Contract as per the form

contained in the Framework Agreement.”] OR

OPTION 2

“the Procurement Entity/Lead Entity/Procurement Agent transmits, to the successful

Supplier, a Call-off Contract for signature and return, and the Call-off Contract is

signed by both the Procurement Entity/Lead Entity/Procurement Agent and the

Supplier. The date that the Call-off Contract is formed, is the date that the last

signature is executed.”

OPTION 3

“the Procurement Entity/Lead Entity/Procurement Agent transmits, to the successful

Supplier, a Procurement Entity/Lead Entity/Procurement Agent order for the Goods

and the supplier accepts the order.” (describe how this will happen, e.g. through

return email, signed Procurement Entity/Lead Entity/Procurement Agent Order,

etc.).

2.2 For direct selection based on location or balanced division of supply, the Call-off

contract is formed when the Procurement Entity/Lead Entity/Procurement Agent

transmits, to the successful Supplier, a Call-off Contract for signature and return, and the

Call-off Contract is signed by both the Procurement Entity/Lead Entity/Procurement

Agent and the Supplier. The date that the Call-off Contract is formed, is the date that the

last signature is executed, or the date agreed by the parties.

Section XIII: Communication and Award of Call-off Contract 93

SECTION XIII

3. Communication and Award of Call-off Contract

[Describe the process to announce the award of a Call-off Contract e.g.]

The Procurement Entity/Lead Entity/Procurement Agent shall, at the same time as awarding the

contract, communicate the award of the Call-off Contract in the case of:

a. Direct Selection to all FWA Suppliers for the items included in the Call-off Contract.

b. selection based on competitive quotations (through mini-competition) to all Suppliers

invited to submit quotations.

The communication must be by the quickest means possible, e.g. by email, and include, as a

minimum, the following information:

c. the name and address of the successful Supplier

d. the quantity/volume of Goods being procured

e. the contract price

f. a statement of the reason(s) the recipient Supplier was unsuccessful.

Section XIV: Complaint About Award of Call-off Contract 94

Section XIV

4. Complaint About Award of Call-off Contract

An unsuccessful Supplier may complain about the decision to award a Call-off Contract. In this

case the process for making a complaint will be in accordance with the provisions in the Public

Procurement Act, 2003 (Act 663), as amended.

Section XV: Call-off Contract General Conditions of Contract 95

SECTION XV: Call-off Contract General

Conditions of Contract

Table of Clauses

1. Definitions............................................................................................................................. 97

2. Application ............................................................................................................................ 98

3. Country of Origin .................................................................................................................. 98

4. Standards ............................................................................................................................... 98

5. Use of Contract Documents and Information ....................................................................... 99

6. Patent Rights ......................................................................................................................... 99

7. Performance Security ............................................................................................................ 99

8. Inspections and Tests .......................................................................................................... 100

9. Packing ................................................................................................................................ 101

10. Delivery and Transfer of Risk ......................................................................................... 101

11. Insurance ......................................................................................................................... 102

12. Transportation ................................................................................................................. 102

13. Incidental Services .......................................................................................................... 103

14. Spare Parts ...................................................................................................................... 103

15. Warranty ......................................................................................................................... 104

16. Payment........................................................................................................................... 105

17. Prices ............................................................................................................................... 105


18. Change Orders ................................................................................................................ 105

19. Contract Amendments .................................................................................................... 106

20. Assignment ..................................................................................................................... 106

21. Subcontracts .................................................................................................................... 106

22. Delays in the Supplier’s Performance............................................................................. 106

23. Liquidated Damages ....................................................................................................... 107

24. Termination for Default .................................................................................................. 107

25. Force Majeure ................................................................................................................. 108

26. Termination for Insolvency ............................................................................................. 109

27. Termination for Convenience ......................................................................................... 109

28. Resolution of Disputes .................................................................................................... 110

29. Governing Language ....................................................................................................... 110

30. Applicable Law ............................................................................................................... 110

31. Notices ............................................................................................................................ 110

32. Taxes and Duties ............................................................................................................. 110


Call-off Contract

General Conditions of Contract (GCC)

1. Definitions 1.1 In this contract, the following terms shall be interpreted as

indicated:

a. “The Contract” means the agreement entered into between

the Procurement Entity and the Supplier, as recorded in

the Contract Form signed by the parties, including all

attachments and appendices thereto and all documents

incorporated by reference therein;

b. “The Contract Price” means the price payable to the

Supplier under the contract for the full and proper

performance of its contractual obligation;

c. “The Goods” means equipment, machinery, related

Accessories, spare-parts and/or other materials which

the Supplier is required to supply to the Procurement

Entity under the contract;

d. “The Services” means services ancillary to the supply of

the goods such as transportation and insurance and any

other incidental services, such as installation,

commissioning, the operational and maintenance

training of the supplied equipment and other such

obligations of the supplier covered under the Contract.

e. “The Procurement Entity” means the Procurement Entity

of the Republic of Ghana purchasing the goods.

f. “The Supplier” means the individual or organization

supplying the goods and services under this contract.

g. “The Procurement Entity’s Country” is Ghana.

h. “The Delivery Site” where applicable, means the place or

places where supply of goods to deliver and

performance of services to be complete.

i. “Day” means calendar day.

j. “Public funds” include:


(i) funds from government budget, Metropolitan

Assembly budgets, Municipal Assembly budgets

or District Assembly budgets;

(ii) funds from government Foundations;

(iii) funds from government Trust Funds;

(iv) funds from domestic loans and foreign loans

taken or guaranteed by government;

(v) funds from state foreign aid;

(vi) revenue received from the economic activity of

state or local government agencies or other legal

persons in public law financed from the

Government budget, Metropolitan Assembly

budgets, District Assembly budgets or

Government foundations;

2. Application

2.1 These General Conditions shall apply to the extent that they

are not superseded by provisions in other parts of the

contract.

3. Country of

Origin

3.1 All goods and services supplied under the contract shall have

their origin in Ghana or in eligible countries as specified in

Special Condition of Contract.

3.2 For purposes of this clause “origin” means the place where

the goods are mined, grown, produced or manufactured, or

from which the Services are supplied. Goods are produced

when, through manufacturing, processing, or substantial and

major assembly of components, a commercially recognized

new product results that is substantially different in basic

characteristics or in purpose or utility from its components.

3.3 The origin of Goods and Services is distinct from the

nationality of the Supplier.

4. Standards 4.1 The Goods supplied under this Contract shall conform to the

standards mentioned in the Technical Specifications, and,

when no applicable standard is mentioned, to the

authoritative standards appropriate to the Goods’ country of

origin, such standards shall be the latest issued by the

concerned institution.


4.2 Wherever reference is made in the Technical Specifications

to specific standards and codes to be met by the goods and

materials to be furnished or tested, the provisions of the

latest current edition or revision of the relevant shall apply,

unless otherwise expressly stated in the Contract. Where

such standards and codes are national or relate to a particular

country or region, other authoritative standards that ensure

substantial equivalence to the standards and codes specified

will be acceptable.

5. Use of

Contract

Documents

and

Information

5.1 The Supplier shall not, without the Procurement Entity’s

prior written consent, disclose the Contract, or any provision

thereof, or any specification, plan, drawing, pattern, sample,

or information furnished by or on behalf of the Procurement

Entity in connection therewith, to any person other than a

person employed by the Supplier in the performance of the

Contract. Disclosure to any such employed person shall be

made in confidence and shall extend only so far as may be

necessary for purposes of such performance.

5.2 The Supplier shall not, without the Procurement Entity’s

prior written consent, make use of any document or

information enumerated in sub-clause 5.1 except for

purposes of performing the Contract.

5.3 Any document, other than the Contract itself, enumerated in

subclause 5.1 shall remain the property of the Procurement

Entity and shall be returned (all copies) to the Procurement

Entity on completion of the Supplier’s performance under

the Contract if so required by the Procurement Entity.

6. Patent Rights

6.1 The Supplier shall indemnify the Procurement Entity against

all third-party claims of infringement of patent, trademark,

or industrial design rights arising from use of the Goods or

any part thereof in the Procurement Entity’s country.

7. Performance

Security

7.1 Within fourteen (14) days after the Supplier’s receipt of

notification of award of the contract, the successful Tenderer

shall furnish performance security to the Procurement Entity

in the amount specified in the Special Conditions of Contract

and in the form specified in Section XVI.

7.2 The proceeds of the performance security shall be payable

to the Procurement Entity as compensation for any loss

resulting from the Supplier’s failure to complete its

obligations under the Contract.


7.3 The performance security shall be denominated in the

currency of the contract or in a freely convertible currency

acceptable to the Procurement Entity and shall be in the form

of an unconditional bank guarantee issued by a bank in

Ghana acceptable to the Procurement Entity and in the form

provided in the Tender Documents or another form

acceptable to the Procurement Entity.

7.4 The performance security will be discharged by the

Procurement Entity and returned to the Supplier not later

than 28 days after expiring of one year of warranty period

following the date of issue of certificate of final acceptance

of equipment after installation and commissioning of

equipment at the final destination.

8. Inspections

and Tests

8.1 The Procurement Entity or its Representative shall, at no

extra cost, have the right to inspect and/or to test the goods

to confirm their conformity to the Contract. The Special

Conditions of Contract and/or the Technical Specifications

shall specify what inspections and tests the Procurement

Entity requires and where they are to be conducted. The

Procurement Entity shall notify the Supplier in writing of the

identity of any representatives retained for these purposes

within 21 days after award of the Contract.

8.2 The inspections and tests may be conducted on the premises

of the Supplier or its sub-Supplier(s), at point of delivery,

and/or at the Goods’ final destination. If conducted on the

premises of the Supplier or its sub-Suppliers(s), all

reasonable facilities and assistance, including access to

drawings and production data, shall be furnished to the

inspectors at no charge to the Procurement Entity.

8.3 Should any inspected or tested Goods fail to conform to the

Specifications, the Procurement Entity may reject the

Goods, and the Supplier shall either replace the rejected

Goods or make alterations necessary to meet specification

requirements free of cost to the Procurement Entity.

8.4 The Procurement Entity’s right to inspect, test and, where

necessary, reject the goods after the goods’ arrival in the

Procurement Entity’s country shall in no way be limited or

waived by reason of the goods having previously been

inspected, tested and passed by the Procurement Entity or its


Representative prior to the goods’ shipment from the

country of origin.4

8.5 Nothing in GCC Clause 8 shall in any way release the

Supplier from any warranty or other obligations under this

Contract.

8.6 A Certificate of Acceptance shall be issued by the

Procurement Entity after necessary inspection and tests of

the Goods supplied as specified in SCC.

9. Packing

9.1 The Supplier shall provide such packing of the Goods as is

required to prevent their damage or deterioration during

transit to their final destination, as indicated in the Contract.

The packing shall be sufficient to withstand, without

limitation, rough handling during transit and exposure to

extreme temperatures, salt and precipitation during transit,

and open storage. Packing case size and weights shall take

into consideration, where appropriate, the remoteness of the

Goods’ final destination and the absence of heavy handling

facilities at all points in transit.

9.2 The packing, marking and documentation within and outside

the packages shall comply strictly with such special

requirements as shall be expressly provided for in the

Contract, including additional requirements, if any, as

Specified in the Special Conditions of Contract (SCC), and

in any subsequent instructions issued by the Procurement

Entity.

10. Delivery and

Transfer of

Risk

10.1 Delivery of the goods shall be made by the Supplier in

accordance with the terms specified by the Procurement

Entity in its Schedule of Requirements. The details of

shipping and/or other documents to be furnished by the

supplier are specified in the Special Conditions of Contract.

10.2 For purposes of the Contract, “FOB,” “C&F,” “CIF”, “CIP”,

“DDP” “EXW” and other trade terms used to describe the

obligations of the parties shall have the meanings assigned

to them by the current edition of the International Rules for

4 It is intended that the Procurement Entity generally inspects the goods also on arrival at

discharge port(s), and where a fresh independent inspection is for any reason considered

necessary, the Supplier should be immediately notified and associated with the inspection which

should be completed on a priority basis.


the Interpretation of the Trade Terms (INCOTERMS)5

published by the International Chamber of Commerce

(ICC), Paris.

10.3 Documents to be submitted by the Supplier are specified in

Special Condition of Contract.

11. Insurance

11.1 The goods supplied under the Contract shall be fully insured

in a freely convertible currency against loss or damage

incidental to manufacture or acquisition, transportation,

storage and delivery in the manner specified in the Special

Conditions of Contract. Such insurance shall be arranged

and paid for by the supplier.

11.2 Where delivery of the goods is required by the Procurement

Entity on a CIF, CIP, DDP basis, the Supplier shall arrange

and pay for marine insurance, naming the Procurement

Entity as the beneficiary. Where delivery is on an FOB or

C&F basis, marine insurance shall be the responsibility of

the Procurement Entity.

12. Transportation 12.1 Where the Supplier is required under the Contract to deliver

the goods FOB, transport of the goods, up to and including

the point of putting the goods on board the vessel at the

specified port of loading, shall be arranged and paid for by

the Supplier, and the cost thereof shall be included in the

Contract Price.

12.2 Where the Supplier is required under the Contract to deliver

the goods C&F, CIP , DDP or CIF or to a specified

destination within Ghana, transport of the goods to the port

of discharge or such other point in the country of destination

including insurance and storage, as shall be specified in the

Contract shall be arranged and paid for by the Supplier, and

the related cost thereof shall be included in the Contract

Price.

12.3 Where the Supplier is required to effect delivery under any

other terms, the Supplier shall be required to meet all

transport and storage expenses until delivery.

12.4 In all of the above cases, transportation of the goods after

delivery shall be the responsibility of the Procurement

Entity.

12.5 Where the Supplier is required under the Contract to deliver

the goods CIF or CIP or DDP or C&F, no further restriction

5 Where terms not defined in INCOTERMS are used in the Tender Documents, Procurement Entity should define the

same, spelling out the costs to be borne by the Supplier and to be included in its Tender price.


shall be placed on the choice of the ocean carrier. Where the

Supplier is required under the Contract (i) to deliver the

goods FOB, and (ii) to arrange on behalf and at the expense

of the Procurement Entity for ocean transportation on

specified conference vessels or on national flag carriers of

the Procurement Entity’s country, the Supplier may arrange

for such transportation on alternative carriers if the specified

conference vessels or national flag carriers are not available

to transport the goods within the time period(s) specified in

the Contract.

13. Incidental

Services

13.1 The Supplier may be required to provide any or all of the

following services, including additional services, if any,

specified in SCC:

a. performance or supervision of on-site assembly and/or

startup of the supplied Goods;

b. furnishing of tools required for assembly and/or

maintenance of the supplied Goods;

c. furnishing of a detailed operations and maintenance

manual for each, appropriate unit of the supplied

Goods;

d. performance or supervision or maintenance and/or

repair of the supplied Goods, for a period of time agreed

by the parties, provided that this service shall not

relieve the Supplier of any warranty obligations under

this Contract; and

e. training of the Procurement Entity’s personnel, at the

Supplier’s plant and/or on-site, in assembly, start-up,

operation, maintenance, and/or repair of the

supplied Goods.

14. Spare Parts

14.1 As specified in SCC, the Supplier may be required to

provide any or all of the following materials, notifications,

and information pertaining to spare parts manufactured or

distributed by the Supplier:

a. such spare parts as the Procurement Entity may elect to

purchase from the Supplier, provided that this election

shall not relieve the Supplier of any warranty

obligations under the Contract; and

b. in the event of termination of production of the spare

parts:


i. advance notification to the Procurement Entity

of the pending termination, in sufficient time to

permit the Procurement Entity to procure

needed requirements; and

ii. following such termination, furnishing at no

cost

to the Procurement Entity, the blueprints,

drawings, and specifications of the spare parts,

if requested.

15. Warranty

15.1 The Supplier warrants that the Goods supplied under the

Contract are new, unused, of the most recent or current

models, and that they incorporate all recent improvements in

design and materials unless provided otherwise in the

Contract. The Supplier further warrants that all Goods

supplied under this Contract shall have no defect, arising

from design, materials, or workmanship (except when the

design and/or materials is required by the Procurement

Entity’s specifications) or from any act or omission of the

Supplier, that may develop under normal use of the supplied

Goods in the conditions prevailing in the country of final

destination.

15.2 The warranty shall remain valid for (12) months after the

goods, or any portion thereof as the case may be, have been

delivered to the final destination indicated in the Contract

and installed and commissioned to the satisfaction of the

Procurement Entity.

15.3 The Procurement Entity shall promptly notify the Supplier

in writing of any claims arising under this warranty.

15.4 Upon receipt of such notice, the Supplier shall, within the

period as specified in SCC and with all reasonable speed,

repair or replace the defective Goods or parts thereof,

without costs to the Procurement Entity other than, where

applicable, the cost of inland delivery of the repaired or

replaced Goods or parts from EXW or to the final

destination.

15.5 If the Supplier, having been notified, fails to take remedial

action within forty-two (42) days from date of receipt of

notice, the Procurement Entity may proceed to take such

action as may be necessary, at the Supplier’s risk and

expense and without prejudice to any other rights which the

Procurement Entity may have against the Supplier under the

Contract.


16. Payment

16.1 The method and conditions of payment to be made to the

Supplier under the Contract shall be specified in the Special

Conditions of Contract.

16.2 The Supplier’s request(s) for payment shall be made to the

Procurement Entity in writing, accompanied by an invoice

describing, as appropriate, the Goods delivered, and

Services performed, and by documents submitted pursuant

to GCC Clause 10, and upon fulfilment of other obligations

stipulated in the Contract.

16.3 Payments shall be made promptly by the Procurement

Entity, but in no case later than twenty-eight (28) days after

submission of an invoice or claim by the Suppler.

17. Prices 17.1 Prices charged by the Supplier for goods and services

delivered and services performed under the Contract shall

not vary from the prices quoted by the Supplier in its Tender,

with the exception of any price adjustments authorised in

Special Conditions of Contract or in the Procurement

Entity’s request for Tender validity extension, as the case

may be.

18. Change

Orders

18.1 The Procurement Entity may at any time, by a written order

given to the Supplier pursuant to GCC Clause 31, make

changes within the general scope of the Contract in any one

or more of the following:

a. drawings, designs, or specifications, where Goods to

be furnished under the Contract are to be specifically

manufactured for the Procurement Entity;

b. the method of shipment or packing;

c. the place of delivery; and/or

d. the Services to be provided by the Supplier.

18.2 If any such change causes an increase or decrease in the cost

of, or the time required for, the Supplier’s performance of

any provisions under the Contract, an equitable adjustment

may be made in the Contract Price or delivery schedule, or

both, and the Contract may accordingly be amended. Any

claims by the Supplier for adjustment under this clause must


be asserted within twenty-eight (28) days from the date of

the Supplier’s receipt of the Procurement Entity’s change

order.

19. Contract

Amendments

19.1 Subject to GCC Clause 18, no variation in or modification

of the terms of the Contract shall be made, except by written

amendment signed by the parties.

20. Assignment 20.1 The Supplier shall not assign, in whole or in part, its

obligations to perform under the Contract, except with the

Procurement Entity’s prior written consent.

21. Subcontracts 21.1 The Supplier shall notify the Procurement Entity in writing

of all subcontracts awarded under this Contract if not

already specified in the Tender. Such notification, in the

original Tender or later, shall not relieve the Supplier from

any liability or obligation under the Contract.

21.2 Subcontracts must comply with the provisions of GCC

Clause 3.

22. Delays in the

Supplier’s

Performance

22.1 Delivery of the goods and performance of services shall be

made by the Supplier in accordance with the time schedule

specified by the Procurement Entity in the Schedule of

Requirements.

22.2 Except as provided under GCC clause 25, an unexcused

delay by the Supplier in the performance of its delivery

obligations shall render the Supplier liable to any or all of

the following sanctions: forfeiture of its performance

security, imposition of liquidated damages, and/or

termination of the Contract for default.

22.3 If at any time during performance of the Contract, the

Supplier or its sub-supplier(s) should encounter conditions

impeding timely delivery of the goods and performance of

Services, the Supplier shall promptly notify the Procurement

Entity in writing of the fact of the delay, its likely duration

and its cause(s). As soon as practicable after receipt of the

Supplier’s notice, the Procurement Entity shall evaluate the

situation and may, at its discretion, extend the Supplier’s

time for performance, with or without liquidated damages,

in which case, the extension shall be ratified by the parties

by amendment of the Contract.


23. Liquidated

Damages

23.1 Subject to GCC Clause 25, if the Supplier fails to deliver any

or all of the goods or to perform within the time period(s)

specified in the Contract, the Procurement Entity shall,

without prejudice to its other remedies under the Contract,

deduct from the Contract Price, as liquidated damages, a sum

equivalent to (0.5%) of the contract price of the delayed goods

for each week of delay until actual delivery, up to a maximum

deduction of (10%) percent of the delayed goods Contract

Price. Once the maximum is reached, the Procurement Entity

may consider termination of the Contract pursuant to GCC

Clause 24.

24. Termination

for Default

24.1 The Procurement Entity may, without prejudice to any other

remedy for breach of Contract, by written notice of default

sent to the Supplier, terminate the Contract in whole or in part:

a. if the Supplier fails to deliver any or all of the goods

within the time period(s) specified in the Contract, or

any extension thereof granted by the Procurement

Entity pursuant to GCC Clause 22; or

b. if the Supplier fails to perform any other obligation(s)

under the Contract.

24.2 In the event the Procurement Entity terminates the Contract

in whole or in part, pursuant to GCC para. 24.1 and 24.3

below, the Procurement Entity may procure, upon such terms

and in such manner as it deems appropriate, goods or

services similar to those undelivered, and the Supplier shall

be liable to the Procurement Entity for any excess costs for

such similar goods or services. However, the Supplier shall

continue performance of the Contract to the extent not

terminated.

24.3 Termination for Corrupt or Fraudulent Practices

The Procurement Entity may, without prejudice to any other

remedy for breach of Contract, by written notice of default

sent to the Supplier, terminate the Contract in whole or in part

if the Supplier, in the judgement of the Procurement Entity has

engaged in corrupt or fraudulent practices in competing for or

in executing the contract.

For the purpose of this clause:


“corrupt practice” means the offering, giving,

receiving or soliciting of anything of value to influence

the action of a public official in the procurement

process or in contract execution; and

“fraudulent practice” means a misrepresentation of

facts in order to influence a procurement process or the

execution of a contract, and includes collusive practice

among Tenders (prior to or after Tender submission)

designed to establish Tender prices at artificial non-

competitive levels and to deprive the benefits of free

and open competition;

25. Force

Majeure

25.1 For purposes of this Contract, “Force Majeure” means an

event beyond the control of the parties to the Contract and not

involving either party’s fault or negligence and not

foreseeable.

25.2 If, at any time during the existence of the Contract, either party

is unable to perform in whole or part any obligation under this

Contract because of such events which include, but are not

restricted to, acts of God, acts of Government in its sovereign

capacity, war, revolutions, hostility, civil commotions, strikes,

fires, floods, epidemics, quarantine restrictions, freight

embargoes, explosions, then the date of fulfillment of Contract

shall be postponed during the period when such circumstances

are operative.

25.3 The party which is unable to perform its obligations under the

present Contract shall, within fourteen (14) days of occurrence

of the Force Majeure event, inform the other party with

suitable documentary evidence. Non-availability of raw

materials from regular sources shall not be an excuse for the

Supplier for not performing its obligations under this clause.

25.4 Any waiver/extension of time in respect of the

delivery/acceptance of any instalment or part of the goods

shall not be deemed to be a waiver/extension of time in respect

of the remaining deliveries.

25.5 If such inability to perform continues for a period of more than

three (3) months, each party shall have the right to be released

from further performance of the Contract, in which case,

neither party shall have the right to claim damages from the

other. All prior performance shall be subject to Contract terms.


25.6 Notwithstanding the provisions of GCC Clauses 22, 23, and

24, the Supplier shall not be liable for forfeiture of its

performance security, liquidated damages or termination for

default if and to the extent that its delay in performance or

other failure to perform its obligations under the Contract is

the result of Force Majeure.

25.7 If a Force Majeure situation arises, the Supplier shall promptly

notify the Procurement Entity in writing of such condition and

the cause thereof. Unless otherwise directed by the

Procurement Entity in writing, the Supplier shall continue to

perform its obligations under the Contract as far as is

reasonably practical, and shall seek all reasonable alternative

means for performance not prevented by the Force Majeure

event.

26. Termination

for

Insolvency

26.1 The Procurement Entity may at any time terminate the

Contract by giving written notice to the Supplier, without

compensation to the Supplier, if the Supplier becomes

bankrupt or otherwise insolvent, provided that such

termination will not prejudice or affect any right of action or

remedy which has accrued or will accrue thereafter to the

Procurement Entity.

27. Termination

for

Convenience

27.1 The Procurement Entity, by written notice sent to the Supplier,

may terminate the Contract, in whole or in part, at any time for

its convenience. The notice of termination shall specify that

termination is for the Procurement Entity’s convenience, the

extent to which performance of the Supplier under the

Contract is terminated, and the date upon which such

termination becomes effective.

27.2 The Goods that are complete and ready for shipment within

twenty-eight (28) days after the Supplier’s receipt of notice of

termination shall be accepted by the Procurement Entity at the

Contract terms and prices. For the remaining Goods, the

Procurement Entity may elect:

a. to have any portion completed and delivered at the

Contract terms and prices; and/or

b. to cancel the remainder and pay to the Supplier an

agreed amount for partially completed Goods and


Services and for materials and parts previously

procured by the Suppliers.

28. Resolution of

Disputes

28.1 The Procurement Entity and the Supplier shall make every

effort to resolve amicably by direct informal negotiation any

disagreement or dispute arising between them under or in

connection with the Contract.

28.2 If, after twenty-eight (28) days from the commencement of

such informal negotiations, the Procurement Entity and the

Supplier have been unable to resolve amicably a Contract

dispute, either party may require that the dispute be referred

for resolution to the formal mechanisms specified in the

Special Conditions of Contract. These mechanisms may

include, but are not restricted to, conciliation mediated by a

third party, adjudication in an agreed national or international

forum, and/or national and international arbitration.

29. Governing

Language

29.1 The Contract shall be written in the language as specified in

SCC. Subject to GCC Clause 30, the version of the Contract

written in English language shall govern its interpretation.

All correspondence and other documents pertaining to the

Contract which are exchanged by the parties shall be written

in the English language.

30. Applicable

Law

30.1 The Contract shall be interpreted in accordance with the laws

of Ghana unless otherwise specified in the Special

Conditions of Contract.

31. Notices

31.1 Any notice given by one party to the other pursuant to the

Contract shall be sent to the other party in writing or by e-

mail and confirmed in writing to the other party’s address

specified for that purpose in the Special Conditions of

Contract.

31.2 A notice shall be effective when delivered or on the notice’s

effective date, whichever is later.

32. Taxes and

Duties

32.1 A Supplier shall be entirely responsible for all taxes, duties,

licence fees, etc., incurred until delivery of the contracted

Goods to the final destination.

Section XVI: Call-off Contract Special Conditions of Contract 111

Section XVI: Special Conditions of Call-off Contract

(SCC)

The following Special Conditions of Contract shall supplement the General Conditions of

Contract. Whenever there is a conflict, the provisions herein shall prevail over those in General

Conditions of Contract. The corresponding clause number in the General Conditions is indicated

in parentheses. Where sample provisions are furnished, they are only illustrative of the provisions

that the Procurement Entity should draft specifically for each procurement.

1. Definitions

(GCC

Clause 1)

1.1 a. The Procurement Entity is: ……………………………………

………………………………………………………………...

[Name and Address of Procurement Entity]

b. The Supplier is:…………………………………

………………………………………………………….

[Name and Address of Supplier]

c. The Delivery site is: ………………………….

……………………………………………………………….

[Insert name and address of delivery site if applicable]

2. Country of

Origin

(GCC

Clause 3)

2.1 Any country of the World.

[Otherwise specify restrictions as applicable]

3. Performance

Security

(GCC

Clause 7)

3.1 The performance security will be as follows:

i. The amount of performance security as a percentage of

the contract price shall be ___ percent of the Tender

Price in the currency of the Tender price.

[Five [Five (5) to ten (10) percent of the Contract Price would be reasonable;

it should not exceed ten (10) percent in any case. The following

provisions should be used in the case of Goods having warranty

obligation.]

3.2 The validity of Performance Security shall be one (1) year after

the final installation and commissioning of the Goods and the

issue of final acceptance certificate to the Suppliers. After

delivery and acceptance of the Goods, the performance security shall be

reduced to two (2) percent of the Contract

Price to cover the Supplier’s Warranty obligations in


accordance with Clause GCC 15.2. The supplier shall promptly extend

the validity suitably to cover agreed extension of the

warranty period of the supplied goods.

4. Inspection

and Tests

(GCC

Clause 8)

4.1 Inspection and tests prior to shipment of goods at final

acceptance are as follows:

a. The time limit for inspection and tests and the issuance of

Certificate of acceptance and/or rejection should be no later

than……….. days of the completion of inspection and tests.

[Specify the time limit for inspection and tests and the issuance

of Certificate of acceptance and/or rejection in no later than

28-56 days [as applicable] of the completion of inspection

and tests.]

b. …………………………………………………………[Specify

such other criteria for inspection and tests, if necessary]

5. Packing

(GCC

Clause 9)

5.1 Additional requirement for packing and marking as per GCC Clause

9.2 are as follows:

a. …………………………………………………………

b. …………………………………………………………

c. …………………………………………………………

d. …………………………………………………………

e. …………………………………………………………

[Specify additional requirements for packing, marking and so on, if

necessary.]

6. Delivery and

Documents

(GCC

Clause 10)

6.1 For Goods Supplied from abroad:

a. Upon shipment, the Supplier shall notify the Procurement Entity

and the Insurance Company by e-mail the full details of the

shipment, including contract number, description of Goods,

quantity, the vessel, (or the flight number), the bill of lading

number and date, port of loading, date of shipment, port of

discharge, etc. The Supplier shall mail the following

documents to the Procurement Entity, with a copy to the Insurance

Company:

i. Copies of the Supplier’s invoice showing Good’s


description, quantity, unit price and total amount;

ii. Original and [insert number as required] copies of the

negotiable, clean on board, bill of lading (Consignment

note) marked “freight prepaid” and [insert number as

required] copies of non-negotiable bill of lading

(Consignment note);

iii. Copies of the packing list identifying contents of each

package;

iv. Insurance Certificate;

v. Manufacturer’s or Supplier’s Warranty Certificate;

vi. Inspection Certificate issued by the nominated inspection

agency, and the supplier’s factory inspection report; and

vii. Certificate of origin certified/verified by the manufacturing

company in case of Goods manufactured locally.

[Other similar documents should be listed, depending upon the Incoterm

retained, or irrelevant document can be deleted.]

6.2 The documents as per clause 6.1 shall be received by the Procurement

Entity at least one week before arrival of Goods at the port or place of

arrival and, if not received, the Supplier will be responsible for any

consequent expenses.

6.3 For Goods within Ghana: Upon delivery of the goods to the

transporter, the Supplier shall notify the Procurement Entity and

mail the following documents to the Procurement Entity:

i. Copies of the Supplier’s invoice showing Goods’

description, quantity, unit price and total amount;

ii. Delivery note, transport receipt, railway receipt;

iii. Manufacturer’s or Supplier’s Warranty Certificate;

iv. Inspection Certificate issued by the nominated inspection

agency, and the Supplier’s factory inspection report; and

v. Certificate of origin.

6.4 The documents as per sub-clause 6.3 shall be received by the

Procurement Entity before arrival of the goods and, if not


received, the Supplier will be responsible for any consequent

expenses.

7. Insurance

(GCC Clause

11)

7.1 The insurance shall be in an amount equal to 110 percent of the

CIP value of the Goods from “Warehouse” to “Warehouse” on

“All Risks” basis, including War Risks and Strikes.

8. Incidental

Services

(GCC Clause

13)

8.1 Incidental services to be provided are:

i. Installation and commissioning of equipment;

ii. Operational and maintenance training of equipment.

iii. ………….[insert any other additional requirement].

[Selected services covered under GCC Clause 13 and/or other

should be specified with the desired features. The price quoted in

the Tender price or agreed with the selected Supplier shall be

included in the Contract Price. If no incidental services are

required state “not applicable”]

9. Spare Parts

(GCC Clause

14)

9.1 Additional spare parts requirements are:

a. Supplier shall carry sufficient inventories to assure

exstock supply of consumable spare parts for the Goods;

b. Other spare parts and components shall be supplied as

promptly as possible, but in any case within six (6) months

of placing the order and opening the letter of credit.

c. ……………. [specify other additional requirements.]

10. Warranty

(GCC Clause

15)

10.1 In partial modification of the provisions, the warranty period

shall be ………….. hour [as applicable and if necessary] of

operation or 12-36 [as applicable] months from date of

acceptance of the Goods or 12-36 [as applicable] months from

the date of delivery, whichever occurs earlier …………. [Insert

appropriate hrs/mths as per Technical Specification or Schedule

of Requirements or as per the nature of the Goods]. The

Supplier shall, in addition, comply with the performance and/or

consumption guarantees specified under the Contract. If, for

reasons attributable to the Supplier, these guarantees are not

attained in whole or in part, the Supplier shall, at its discretion,

either:

a. make such changes, modification, and/or additions to the


Goods or any part thereof as may be necessary in order to

attain the contractual guarantees specified in the contract

at its own cost and expense and to carry out further

performance tests in accordance with SCC 4.1 or

b. Pay liquidated damages to the Procurement Entity with

respect to the failure to meet the contractual guarantees.

The rate of these liquidated damages shall be (0.1 to

0.5%) per week.

[The rate should be higher than the adjustment rate used in the

Tender evaluation under ITT 28.5 (f) or (g).]

10.2 The period for correction of defects in the warranty period is:

50%. time of the delivery schedule of the particular goods.

10.3 ……………………….. [specify other suitable conditions for

warranty, if necessary].

11. Payment

(GCC Clause

16)

11.1 Payment for Goods and Services supplied shall be made in

Ghanaian Cedis, as follows;

i. Advance Payment: Forty (40) percent of the Contract

Price shall be paid within twenty-eight (28) days of

signing of the Contract against a simple receipt and a

bank guarantee for the equivalent amount and in the

form provided in the Tender documents or another form

acceptable to the Procurement Entity.

ii. On Delivery: Forty (40) percent of the Contract Price

shall be paid on receipt of the Goods and upon

submission of the documents specified in GCC Clause

10.

iii. On Acceptance: The remaining twenty (20) percent of

the Contract Price shall be paid to the Contractor within

twenty-eight (28) after the date of the acceptance

certificate for the respective delivery issued by the

Procurement Entity.

12. Prices

(GCC Clause

17)

12.1 Tender Prices may be adjusted only in the case of Tender

validity extension requested by the Procurement Entity.

[To be inserted only if price is subject to adjustment under GCC

Clause 17.1)


12.2 Procurement Entity shall not entertain Contract Price variation

due to the effect of any notice of notification of exchange rate

variation of any convertible currency.

13. Liquidated

Damages

(GCC Clause

23)

13.1 Applicable rate for the Liquidated damages is : 0.1% to 0.5%

per day.

[Applicable as per the nature of the Goods. Applicable rate

shall not exceed one-half (0.5) percent per day, and the

maximum shall not exceed ten (10) percent of the delayed

good’s Contract Price.]

14. Resolution of

Disputes

(GCC Clause

28)

14.1 The dispute resolution mechanism to be applied pursuant to

clause 28.2 of the General Conditions of Contract shall be as

follow:

a. in the case of a dispute between the Procurement Entity and

a Supplier which is a national of Ghana, the dispute shall be

referred to adjudication/arbitration; and

b. in the case of dispute between the Procurement Entity and

the Foreign Supplier, the dispute shall be settled by

arbitration in accordance with the provisions of the United

Nations Commission on International Trade Law

(UNCITRAL) Arbitration Rules.

15. Governing

Language

(GCC Clause

29)

15.1 The governing Language shall be English.

16. Notices

(GCC Clause

31)

16.1 For the notice purposes Procurement Entity and Supplier’s

address shall be as follows:

Procurement Entity’s address for notice purposes:

……………………………………………

……………………………………………

……………………………………………

Supplier’s address for notice purposes:

…………………………………………….

…………………………………………….

…………………………………………….

Section XVII: Secondary Procurement Forms 117

SECTION XVII: Secondary Procurement

Forms

Secondary Procurement Forms

Contents

Request for Quotation ________________________________________________________ 118

RFQ ANNEX 1: Requirements ________________________________________________ 121

Technical Specifications, Drawings, Inspections and Tests ___________________________ 122

RFQ ANNEX 2: Supplier Quotation Form _______________________________________ 123

Quotation for Goods: Price Schedule 1 __________________________________________ 126



Quotation for Related Services: Price Schedule 4 __________________________________ 129

Total Quotation _____________________________________________________________ 129

Sample Letter of Award of Call-off Contract ______________________________________ 130

Call-off Contract for the supply of Goods ________________________________________ 131

Performance Security ________________________________________________________ 134

Advance Payment Security ____________________________________________________ 135


Request for Quotation Secondary Procurement under a Framework Agreement

(method: mini-competition)

From: [Insert Procurement Entity/Lead Entity/Procurement Agent’s

legal name]


Entity/Procurement Agent’s

Representative:

[Insert name of Procurement Entity/Lead Entity/Procurement

Agent’s Representative]

Title/Position: [Insert Representatives title or position]

Address: [Insert Procurement Entity/Lead Entity/Procurement Agent’s

address]

Telephone: [Insert Representatives telephone number]

Email: [Insert Representatives email address]

To: [Insert Supplier’s legal name]

Supplier’s Representative: [Insert name of Supplier’s Representative]


Address: [Insert Supplier’s address]

Telephone: [Insert Representatives telephone number]

Email: [Insert Representatives email address]

Framework Agreement

(FWA):

[Insert short title of FWA]

FWA Date: [Insert FWA Date]

FWA Reference No. [Insert FWA reference]

RFQ Ref No.: [Insert reference]

RFQ Date: [Insert date of RFQ]

RFQ issued: This RFQ has been transmitted by: “post” or “email” or

“hand delivery”

Attachments:

Annex 1: Procurement Entity/Lead Entity/Procurement Agent’s Requirements

Annex 2: Quotation Form

Annex 3: Call-off Contract for Supply of Goods [this may be the Call-off Contract Form or

another acceptable template]


Dear [insert name of Supplier’s Representative],

1. Request for Quotation (RFQ)

a. With reference to above Framework Agreement (FWA), you are invited to submit your

most competitive Quotation in this Secondary Procurement process. The Quotation is for

the Goods [add if applicable: “and the Related Services,”] described in Annex 1:

Procurement Entity/Lead Entity/Procurement Agent’s Requirements, attached to this

RFQ.

2. Price

a. Your Quotation must be submitted in the format contained in Annex 2: Supplier

Quotation Form.

b. Your Quotation, excluding any additional price for inland transportation and other

services required in the Procurement Entity/Lead Entity/Procurement Agent’s Country to

convey the Goods to their final destination specified in RFQ not included in the Base

Price, cannot be higher than the Base Price for the Goods [add if applicable: “and

Related Services,”] as established in the Framework Agreement: Price Schedules

adjusted for any change in Laws and Regulations in accordance with FWA Specific

Provisions. [OR use the following text if the Base Price is subject to a price adjustment:

Your Quotation cannot be higher the Base Price for the Goods [add if applicable: “and

Related Services,”] as established in the Framework Agreement: Price Schedules,

adjusted by applying the price adjustment formula and any adjustment for change in

Laws and Regulations in accordance with FWA Specific Provisions”]

c. The price for any additional inland transportation and other services required in the

Procurement Entity/Lead Entity/Procurement Agent’s Country to convey the Goods to

their final destination specified in RFQ not included in the Base Price shall be quoted.

d. The price that you quote shall be fixed and shall not be subject to any further adjustment.

e. The Quotation shall be in the same currency(ies) specified in the Framework Agreement:

Price Schedules.

f. The Quotation will be valid for a period of [insert number of calendar days]

3. Performance Security [delete if no performance security is required]

a. If your Quotation is successful, you will be required to provide a Performance Security in

accordance with the Call-off Contract.

4. Clarifications

a. If you require clarification(s) regarding this RFQ, send your request in writing (email or

hard copy or through e-procurement system if available) to our above-named

Representative before [insert date and time]. We shall forward copies of our response to

all Suppliers including a description of the inquiry but without identifying its source.

5. Submission of Quotations


a. Quotations are to be submitted in the form attached at Annex 2 and [insert method e.g. in

hard copy with 3 copies, by email, through e-procurement system].

b. The deadline for submission of Quotations is [insert time, day, month, year].

c. The address for submission of Quotations is:





Ghana Post GPS Code: [insert Ghana Post GPS code, if applicable]


6. Opening of Quotations

a. Quotations will be opened in the presence of Suppliers, or their representatives who

choose to attend, at [insert time] on [insert day, month, year same as or immediately after

the deadline for the submission of Quotations.]

7. Evaluation of Quotations

a. Quotations will be evaluated [select either “item-wise” or “lot-wise”] and according to the

criteria and methodology described in the Framework Agreement: Secondary

Procurement.

8. Contract

a. Attached, as Annex 3 to this RFQ, is the draft Call-off Contract that will apply to this

Secondary Procurement. If successful, you will be required to sign a Call-off Contract on

the same, or similar terms. [Instructions: complete a draft Call-off Contract for this

procurement and attach it to this RFQ]

On behalf of the Procurement Entity/Lead Entity/Procurement Agent:

Signature:

Name:

Title/position:


RFQ ANNEX 1: Requirements [The Procurement Entity/Lead Entity/Procurement Agent shall complete these tables, as appropriate, to enable the Supplier to

prepare the Quotation]

List of Goods and Delivery Period

Line

Item

N

Description of Goods Quantity

required

Physical

unit

Named Place of

Destination

Place of Final

Destination

(Project Site)

Applicable

Incoterms (e.g.

CIP, DDP, EXW

etc.)

Delivery Period

from Date of

formation of Call-

off contract

List of Related Services and Completion Schedule

Service Description of Service Quantity required Physical Unit

Place where

Services shall be

performed

Completion Period of

Services

[insert

Service

No]

[insert description of Related

Services]

[insert quantity of items

to be supplied]

[insert physical

unit for the

items]

[insert name of

the Place]

[insert no. of days

such as from Delivery

Period or receipt of

Goods, as

appropriate]


Technical Specifications, Drawings, Inspections and

Tests

The Technical Specifications, Drawings, Inspections and Tests as are described in the

Framework Agreement Section V: Schedule of Requirements.

[Add any additional information consistent with the information provided in the Schedule of

Requirements]


RFQ ANNEX 2: Supplier Quotation Form

From: [Insert Supplier’s legal name]

Supplier’s Representative: [Insert name of Supplier’s Representative]


Address: [Insert Supplier’s address]

Email: [Insert Supplier’s email address]

To: [Insert Procurement Entity/Lead Entity/Procurement

Agent’s legal name]


Entity/Procurement Agent’s

Representative:

[Insert name of Procurement Entity/Lead Entity/Procurement

Agent’s Representative]


Address: [Insert Procurement Entity/Lead Entity/Procurement Agent’s

address]

Framework Agreement

(FWA)

[Insert short title of FWA]

FWA Reference No. [Insert Procurement Entity/Lead Entity/Procurement Agent’s

FWA reference]

Date of Framework

Agreement:

[Insert FWA date]

RFQ Ref No.: [Insert Procurement Entity/Lead Entity/Procurement Agent’s

reference]

Date of Quotation: [Insert date of Quotation]

Dear [insert name of Procurement Entity/Lead Entity/Procurement Agent’s Representative]

SUBMISSION OF QUOTATION

1. Conformity and no reservations

In response to the above named RFQ we offer to supply the Goods, [add if applicable: “and

deliver the Related Services,”] as per this Quotation and in conformity with the RFQ, Delivery

and Completion Schedules, Technical Specifications, Drawings, Inspections and Tests. We

confirm that we have examined and have no reservations to the RFQ, including the Call-off

Contract.


2. Eligibility and conflict of interest

We declare that we continue to be qualified and meet the eligibility requirements and that we

have no conflict of interest. If awarded the Call-off Contract, the Goods [add if applicable:

“and Related Services,”] that we supply shall be sourced from an eligible country.

We, along with any of our subcontractors, suppliers, consultants, manufacturers, or service

providers for any part of the contract, are not subject to, and not controlled by any entity or

individual that is subject to, a temporary suspension or a debarment imposed by PPA.

3. Tender Price

The total price of our Tender, excluding any unconditional discounts offered in item (g) below

is [insert the total price of the Tender in words and figures, indicating the various amounts

and the respective currencies].

4. Unconditional Discounts

The unconditional discounts offered are: [Specify in detail each discount offered.]

The exact method of calculations to determine the net price after application of unconditional

discounts is: [Specify in detail the method that shall be used to apply the discounts].

5. Quotation Validity Period

Our Quotation shall be valid for the period specified in RFQ, and it shall remain binding upon

us and may be accepted at any time before it expires.

6. Performance Security [delete if no performance security is required]

If we are awarded the Call-off Contract, we commit to obtain a Performance Security in

accordance with the RFQ.

7. Commissions, gratuities, fees

We have paid, or will pay the following commissions, gratuities, or fees with respect to this

Quotation or execution of a Call-off Contract [If none has been paid or is to be paid, indicate

“none.”]

Name of Recipient Address Reason Amount

8. Not Bound to Accept

We understand that you reserve the right to:

a. accept or reject any Quotation and are not bound to accept the lowest evaluated cost

Quotation, or any other Quotation that you may receive, and

b. annul the RFQ process at any time prior to the award of a Call of Contract without

incurring any liability to Suppliers.


9. Fraud and Corruption

We hereby certify that we have taken steps to ensure that no person acting for us, or on our

behalf, engages in any type of Fraud and Corruption.

On behalf of the Supplier:

Signature:

Name:

Title/position:

Telephone:

Email:


Quotation for Goods: Price Schedule 1 Manufactured outside Ghana, to be imported

1 2 3 4 5 6 7 8 9

Line

Item

N

Description of Goods Country of

Origin

Delivery

Period as

defined by

Incoterms

Quantity and

physical unit Unit price

DDP [insert place of

destination]

DDP Price per line

item

(Col. 5x6)

Price per line item for

inland transportation

and other services

required in Ghanato

convey the Goods to their

final destination specified

in RFQ

Total Price per Line item

(Col. 7+8)

[insert

number

of the item]

[insert name of good] [insert

country of

origin of the Good]

[insert

quoted

Delivery Period]

[insert number

of units to be


physical unit]

[insert unit price DDP

per unit] [insert total DDP

price per line item]

[insert the corresponding


[insert total price of the line item]

Quotation Price


Quotation for Goods: Price Schedule 2 Manufactured outside Ghana, already imported*

1 2 3 4 5 6 7 8 9 10 11 12

Line

Item

N

Description of

Goods

Country of

Origin

Delivery

Period as

defined by

Incoterms

Quantity

and

physical

unit

Unit price

including

Custom Duties

and Import

Taxes paid

Custom Duties

and Import

Taxes paid per

unit [to be

supported by

documents]

Unit Price net

of custom

duties and

import taxes

(Col. 6 minus

Col.7)

Price per line

item net of

Custom Duties

and Import

Taxes paid (Col.

58)

Price per line item

for inland

transportation and

other services

required in Ghana

to convey the

goods to their final

destination, as

specified RFQ

Sales and other

taxes paid or

payable per

item if contract

is awarded

Total Price per line

item

(Col. 9+10)

[insert number of

the item]

[insert name of Goods]

[insert country of

origin of

the Good]

[insert quoted

Delivery

Period]

[insert number of

units to be

supplied and name

of the

physical unit]


[insert custom duties and taxes

paid per unit]

[insert unit price net of

custom duties

and import taxes]

[ insert price per line item net of

custom duties

and import taxes]

[insert price per line item for inland

transportation and

other services required in Ghana]


payable per item

if Contract is awarded]

[insert total price per line item]

Quotation

Price

Name of Supplier [insert complete name of Supplier] Signature of Supplier [signature of person signing the Tender] Date [insert date]

* [For previously imported Goods, the quoted price shall be distinguishable from the original import value of these Goods declared to customs and shall include any

rebate or mark-up of the local agent or representative and all local costs except import duties and taxes, which have been and/or have to be paid by the Procurer. For

clarity Suppliers are asked to quote the price including import duties, and additionally to provide the import duties and the price net of import duties which is the

difference of those values.]


Quotation for Goods: Price Schedule 3 Manufactured in Ghana

1 2 3 4 5 6 7 8 9 10

Line

Item

N

Description of Goods Delivery

Period as

defined by

Incoterms

Quantity

and

physical

unit

Unit price

EXW Total EXW

price per line

item

(Col. 45)

Price per line item for

inland transportation

and other services

required in Ghana to

convey the Goods to their

final destination

Invitation for Price

Tender

Cost of local labor,

raw materials and

components from

with origin in

Ghana

% of Col. 5

Sales and other taxes

payable per line item

if Contract is

awarded (in

accordance with ITP

43.6(a)(ii)

Total Price per line

item

(Col. 6+7)

[insert

number of the

item]

[insert name of Good] [insert quoted

Delivery Date]

[insert

number of units to

be

supplied and name

of the

physical unit]

[insert EXW

unit price] [insert total

EXW price per line item]

[insert the corresponding


[Insert cost of local

labor, raw material and components

from within Ghana

as a % of the EXW price per line item]

[insert sales and other

taxes payable per line item if Contract is

awarded]

[insert total price per

item]

Quotation Price


Quotation for Related Services: Price Schedule

4 1 2 3 4 5 6 7

Item No. Item description Description of Services

(excludes inland transportation

and other services required in

Ghana to convey the goods to

their final destination)

Country of

Origin

Completion Period at

place of Final

destination

Quantity and physical unit Unit price Total Price per

Service

(Col. 5*6 or estimate)

[insert

number of

the item]

[insert name of Services] [insert country

of origin of the

Services]

[insert Delivery Period

at place of final

destination per Service]

[insert number of items to be


physical unit]

[insert unit price per

item] [insert total price per

item]

Quotation Price

Total Quotation The total cost for the supply and delivery of the Goods, and related Services is as follows:

Price Schedule Quotations Amount

Goods: Price Schedule 1



Related Services: Price Schedule 4

Total Quotation


Sample Letter of Award of Call-off Contract

[modify as appropriate]

[use letterhead paper of the Procurement Entity/Lead Entity/Procurement Agent]

[date]

To: [name and address of the Supplier]

Subject: Notification of Award of Call-off Contract No. . . . . . . . . ..

In reference to the Framework Agreement [insert reference number and date]

[For mini-competition, add the following: “and your Quotation [insert reference number and

date] has been accepted.”]

please find inclosed herewith the Call-off Contract. You are requested to sign the Call-off

contract within [insert no of days].

[Insert the following if Performance Security is required: “You are also requested to furnish a

Performance Security within [insert no of days] in accordance with the Conditions of Call-off

Contract, using for that purpose one of the Performance Security Forms included in the

Framework Agreement Secondary Procurement Forms. “]

Authorized Signature:

Name and Title of Signatory:

Name of Entity:

Attachment: Call-off Contract


Call-off Contract for the supply of Goods

Framework Agreement

(FWA):

[insert short title of FWA]

FWA Date: [insert FWA date]

FWA reference number: [insert FWA reference number]

Goods: [short title for type of Goods]


Entity/Procurement Agent:

Supplier:

[name of Procurement Entity/Lead

Entity/Procurement Agent]

[address]

[name of Supplier]

[address]

GOODS (GCC 1.1 i)

Code Product name Quantity Unit price Total

[insert code] [description of Goods] [number] [price] [amount]

Special instructions/comments:

Total

Required Delivery period as per INCOTERMS

[See Delivery Periods in the FWA]

[insert period] as per

applicable

INCOTERMS


RELATED SERVICES (GCC 1.1 l)

Code Name/description of service Quantity Price Total

[insert code] [Describe the Related Services

covered under GCC Sub-Clause 25.2

and/or Framework Agreement Section

V: Schedule of Requirements. The

price quoted in the Framework

Agreement or as agreed with the

selected Supplier shall be included in

the Contract Price.]

[number] [price] [amount]

Special instructions/comments:

Total

Required Completion period [See Completion

Periods in the FWA]

[insert period]

Contract Documents (GCC 2)

1) The following documents shall be deemed to form and be read and construed as part of this

Agreement. This Agreement shall prevail over all other contract documents.

(a) Letter of Award of Call-off Contract

(b) Supplier’s Quotation (if applicable)

(c) Addenda No. ___ (if any)

(d) Special Conditions of Call-off Contract

and by reference the following documents:

(e) Framework Agreement,

(f) Section VIII- Framework Agreement General Provisions,

(g) Section IX- Framework Agreement Specific Provisions

(h) Section V: Schedule of Requirements [insert relevant items from section V as

applicable to the Call-off contract such as technical specifications, any drawings, and

inspection and tests]

(i) Section XV: Call-off Contract General Provisions

(j) [List any other document]


2) In consideration of the payments to be made by the Procurement Entity/Lead

Entity/Procurement Agent to the Supplier as specified in this Call-off Contract, the Supplier

hereby covenants with the Procurement Entity/Lead Entity/Procurement Agent to provide the

Goods and Services and to remedy defects therein in conformity in all respects with the

provisions of the Contract.

3) The Procurement Entity/Lead Entity/Procurement Agent hereby covenants to pay the Supplier

in consideration of the provision of the Goods and Services and the remedying of defects

therein, the Contract Price or such other sum as may become payable under the provisions of

the Contract at the times and in the manner prescribed by the Contract.

For and on behalf of the Procurement Entity/Lead Entity/Procurement Agent

Signed: [insert signature]

in the capacity of [insert title or other appropriate designation]

In the presence of [insert identification of official witness]

Date: __________________________

For and on behalf of the Supplier

Signed: [insert signature of authorized representative(s) of the Supplier]

in the capacity of [insert title or other appropriate designation]

in the presence of [insert identification of official witness]

Date: __________________________

Attachment

1. Special Conditions of Call-off Contract

2. Supplier’s Quotation (if applicable)

3. [Any other documents]


Performance Security Date:

To: [name of Procurement Entity/Lead Entity/Procurement Agent]

[address of Procurement Entity/Lead Entity/Procurement Agent]

WHEREAS [name and address of Supplier] (hereinafter called “the Supplier”) has undertaken,

in pursuance of Contract No. [reference number of the contract] dated ___________[yy/mm/dd]

to supply [description of goods and services] (hereinafter called “the Contract”).

AND WHEREAS it has been stipulated by you in the said Contract that the Supplier shall

furnish you with a bank guarantee by a reputable bank for the sum specified therein as security

for compliance with the Supplier’s performance obligations in accordance with the Contract.

AND WHEREAS we have agreed to give the Supplier such a Bank guarantee:

NOW THEREFORE we hereby affirm that we are the Guarantors and responsible to you, on

behalf of the Supplier, up to a total of [amount of the guarantee in words and figures Ghanaian

Cedis], and we undertake to pay you, upon your first written demand such sum being payable in

the types and proportions of currencies in which the contract price is payable, and without cavil

or argument, any sum or sums within the limits of [amount of guarantee in Ghana Cedis] as

aforesaid, without your needing to prove or to show grounds or reasons for your demand for the

sum specified therein.

We hereby waive the necessity of demanding the said debt from the Supplier before presenting

us with the demand.

We further agree that no change or addition to or other modification of the terms of the Contract

or of the Goods to be supplied thereunder or of any of the Contract documents which may be

made between you and the Supplier shall in any way release us from liability under this

Guarantee, and we hereby waive notice of any such change, addition or modification.

This Guarantee is valid until a date 28 day from the date of issue of the Certificate of

Acceptance.

Signature and seal of the Guarantors

_______________________________________________________________

[name of bank]

______________________________________________________________

[address]

______________________________________________________________

[date]

Advance Payment Security Demand Guarantee

Date: To: [name of Procurement Entity/Lead Entity/Procurement Agent]

[address of Procurement Entity/Lead Entity/Procurement Agent]

[name of Contract]

Gentlemen and/or Ladies;

In accordance with the payment provision included in the Special Conditions of Contract, to

provide for advance payment, [name and address of Supplier] (hereinafter called “the Supplier”)

shall deposit with [name of the Procurement Entity], The Government of Ghana (hereinafter

called “the Procurement Entity”) a bank guarantee to guarantee his proper and faithful

performance under the said Clause of the Contract in an amount of [amount of guarantee in

figures and words in Ghanaian Cedis].

We, the [name of the bank], as instructed by the Supplier, agree unconditionally and irrevocably

to guarantee as primary obligator and not as surety merely, the payment to the Procurement

Entity on his first demand without whatsoever right of objection on our part and without his first

claim to the Supplier, in the amount not exceeding [amount of guarantee in figures and words in

Ghanaian Cedis].

We further agree that no change or addition to or other modification of the terms of the supply of

Goods to be performed thereunder or of any of the Contract documents which may be made

between the Procurement Entity and the Supplier, shall in any way release us from any liability

under this guarantee, and we hereby waive notice of any such change, addition, or modification.

This guarantee shall remain valid and in full effect from the date of the advance payment under

the Contract until the Procurement Entity receives full repayment of the same amount from the

Supplier.

Yours truly,

Signature and seal of the Bank

___________________________________________________________________

[name of Bank]

__________________________________________________________________

[address]

__________________________________________________________

[date]

List of Procurement Entities (if applicable)

[delete this section if this is a Single-User FWA i.e. single Procurement Entity FWA]

The following entities are participating in this Framework Agreement.

# Name of Procurement

Entity

Address Representative

1. [insert complete name of

Lead Procurement Entity #1]

[insert the type of legal

entity]

[insert the address of the

principle place of business]

Name:

Title/position:

Phone:

Mobile:

E-mail:


Procurement Entity #2]


entity]



Name:

Title/position:

Phone:

Mobile:

E-mail:


Procurement Entity #3]


entity]



Name:

Title/position:

Phone:

Mobile:

E-mail: